Katchiya v. The Director General Of Police And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE SUNDER MOHAN Katchiya ... Petitioner Vs.

1.The Director General of Police & Director General of Prisons and Correctional Service 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 21 days ordinary leave for the petitioner's husband namely, Anthony S/o.Nagooran, aged 56 years, Convict Prisoner, Central Prison, Puzhal.

For Petitioner : Ms.S.Nadhiya

For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

SUNDER MOHAN , J.

This Writ Petition has been filed seeking for a direction, to direct the respondents to grant 21 days ordinary leave for the petitioner's husband namely, Anthony S/o.Nagooran, aged 56 years, Convict Prisoner in Central Prison, Puzhal, Chennai.

2. The learned counsel for the petitioner submitted that the petitioner's son, who is a plumber, has fell down and his hand bone got fractured. In this situation, the petitioner needs her husband's presence for some days to make arrangement for her son's medical expenses. Thereby, a representation dated 10.04.2024 was sent to the respondents, which is yet to be considered. Hence, the present petition.

3. The learned Additional Public Prosecutor has produced a report from the Probation Officer and the same is in favour of the life convict

and the Probation Officer has stated that the reason for which the petitioner seeks for grant of ordinary leave for his son, is genuine.

4. Since the report of the Probation Officer dated 23.05.2024, is in favour of the petitioner, we are inclined to consider the prayer sought for in this Writ Petition.

5. Accordingly, there shall be a direction to the respondents herein, to grant 21 days ordinary leave "without escort" to the life convict namely Mr.Anthony, S/o.Nagooran, aged about 56 years, Convict Prisoner No.8274, commencing from 28.06.2024 to 18.07.2024, with a condition that the life convict shall report before the jurisdictional Police i.e. S-14, Peerkankaranai Police Station, Chennai District, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 19.07.2024 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.

M.S.RAMESH, J.

SUNDER MOHAN, J.

kas

6. With the above direction, the Writ Petition stands allowed. No costs.

[M.S.R., J] [S.M., J] 24.06.2024 Index: Yes/No kas Note: Issue Order Copy on 27.06.2024 To 1.The Director General of Police & Director General of Prisons and Correctional Service Whannels Road Egmore, Chennai 600 008 2.The Superintendent of Prisons Central Prison -1 Puzhal, Chennai 600 066 3.The Public Prosecutor High Court of Madras Chennai 600 104