Siranjeevi v. The Deputy Inspector Generla Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Siranjeevi ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days by considering the representation of the petitioner dated 24.02.2024 namely Siranjeevi, S/o.Rajanagam, aged about 35 years, Convict Prisoner, Convict No.7492, Central Prison, Puzhal.
For Petitioner : Mrs.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
[Order of the Court was made by M.S.RAMESH, J.] The petitioner herein, is the convict prisoner. He was convicted for the offences under Sections 8(c) r/w. 20(b)(ii),(c) & 28 of NDPS Act and was sentenced to undergo 10 years of imprisonment in C.C.No.19 of 2017 dated 12.03.2019.
2. The learned counsel for the petitioner submitted that the petitioner's parents are seriously ill and that though the petitioner's brother is available, the petitioner also being a son, intends to visit his aged parents for the love and affection he has towards them. This apart, she would also submit that the petitioner/prisoner has already undergone 7 years 8 months and 16 days of imprisonment and he has not availed any
leave so far. The petitioner has also given a representation dated 24.02.2024 in this regard, requesting for ordinary leave.
3. The learned Additional Public Prosecutor has produced a copy of the Probation Officer's report dated 06.05.2024, in which it is stated that since the prisoner's father is being taken care by his brother and since no medical records supporting the ailment of the prisoner's father was produced before the Probation Officer, no favourable recommendation was made for grant of ordinary leave.
4. In the light of the submission of the learned counsel for the petitioner touching upon the ailment of the prisoner's parents and also in consideration of the fact that the prisoner has undergone sentence of more than 7 years without any leave, we are inclined to consider the prayer sought for in this Writ Petition.
5. Accordingly, the respondents herein, are directed to grant 28 days ordinary leave "without escort" to the petitioner/convict prisoner namely Siranjeevi, S/o.Rajangam, aged about 35 years, Convict No.7492,
commencing from 07.06.2024 to 05.07.2024, with a condition that the convict prisoner shall report before the jurisdictional Police i.e. Rajathani Police Station, Theni District, twice a week on Mondays and Thursdays at 10.30 am. After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 06.07.2024 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R., J] [S.M., J] 03.06.2024 Speaking/Non-speaking order Index: Yes/No Sni Note: Issue Order Copy on 06.06.2024 To
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Sni 03.06.2024