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Madras High CourtWP/11671/2024allowed

Jayaraman v. The Deputy Inspector General Of Prisons

2024-06-21Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH THE HON'BLE MR.JUSTICE SUNDER MOHAN Jayaraman

...Petitioner/ detenu

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

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 28 days by considering the representation of the petitioner dated 01.04.2024 namely Jayaraman, S/o.Karuvelamuthu, aged about 36 years, Convict Prisoner, Convict No.7377, Central Prison, Puzhal.

For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by C.Aravind

ORDER

M.S.RAMESH,J.

SUNDER MOHAN,J.

The prayer in the present writ petition is for grant of ordinary leave for 28 days for the detenue viz., Jayaraman, S/o.Karuvelamuthu, aged about 36 years, Convict Prisoner, Convict No.7377, detained at Central Prison, Puzhal.

2. The learned Additional Public Prosecutor produced the Probation Officer's report dated 07.05.2024, in which, it is stated that the reason cited by the petitioner that his father has some medical ailments and has to undergo surgery, is true.

3. In view of the positive report of the Probation Officer, dated 07.05.2024, and also by taking note of the fact that the Convict Prisoner is

eligible for grant of ordinary leave for 21 days, we are inclined to allow the writ petition.

4. Therefore, in exercise of our powers, we permit the petitioner / prisoner i.e., Jayaraman, S/o.Karuvelamuthu, aged about 36 years, Convict No.7377, detained at Central Prison, Puzhal, to avail Ordinary Leave for a period of 21 days, without escort. Hence, the leave is granted on the following terms.

i) Respondents are directed to release the Convict Prisoner viz., Jayaraman, S/o.Karuvelamuthu, aged about 36 years, on Ordinary Leave for a period of 21 days i.e., from 27.06.2024 to 17.07.2024.

(ii) The Convict Prisoner shall be released on 27.06.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison-1, Puzhal, Chennai, on 17.07.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Eral Police Station, Thoothukudi District, daily at 10.30 a.m, during the period of leave.

(iv) 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.

5. The writ petition stands allowed. No costs. (M.S.R.,J.) (S.M.,J.) 21.06.2024 Note to Registry:

1.Issue order copy by 26.06.2024.

2.Upload the order copy forthwith.

Anu Copy 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 Inspector of Police, Eral Police Station, Thoothukudi District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

SUNDER MOHAN,J.

Anu 21.06.2024