Tharani v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR THARANI D/o. Late Subramaniyan, Door No.3/1760, Annai Anjum Nagar, Chettimandapam, Kumbakonam Taluk, Thanjavur District- 612 001.

Petitioner(s) Vs

1. The State Rep By Its The Superintendent Of Prison, Central Prison At Vellore, Ramset Nagar, Thorapadi, Vellore- 2.

Respondent(s) PRAYER Direct the respondent to grant 06 days Emergency leave without escort to the petitioners brother / Convict prisoner namely Mr. Dinesh Kumar S/o. late Subramanian (PID No. 241805) aged about 30 years confining at central Prison, Vellore.

For Petitioner(s):

Mr.M.Mohamed Saifulla For Respondent(s):

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John

ORDER

M.S.RAMESH, J.

and N.SeNTHILKUMAR, J.

This Writ Petition has been filed to to grant 6 days Emergency Leave without escort to the petitioners brother / Convict prisoner namely, Dinesh Kumar S/o. late Subramanian (PID No. 241805) aged about 30 years confining at Central Prison, Vellore.

2. Heard the learned counsel on either side and perused the documents.

3. The petitioner herein seeks for grant of 6 days of Emergency Leave for his brother, without escort, on the ground that the mother of the convict has certain medical ailments and she requires the presence of his son for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the convict has undergone 4 years, 6 months and 8 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 05.04.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.

5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant Emergency Leave for a period of 3 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the convict viz., Dinesh Kumar S/o.late Subramanian aged about 30 years bearing PID No.241805, confined at Central Prison, Vellore, is hereby granted Emergency Leave for a period of 3 days, without escort, commencing from 10.00 am on 05.05.2025 to 05.00 p.m of 07.05.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Kumbakkonam Police Station, daily at 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

7. Accordingly, the Writ Petition stands allowed. No costs. (M.S.RAMESH J.)(N.SENTHILKUMAR J.) 25-04-2025 ASI Note: Issue order copy on or before 30.04.2025

To

1. The Superintendent Of Prison, Central Prison At Vellore, Ramset Nagar, Thorapadi, Vellore- 2.

2. The Inspector of Police, Kumbakkonam Police Station.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025