Suresh v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Suresh

...Petitioner/ the detenue

Vs.

1.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant 21 days of ordinary leave, without escort for the petitioner namely Suresh, S/o.Solai, aged 42 years, Convict Prisoner, Convict No.8199, Central Prison, Puzhal.

For Petitioner : Ms.S.Nadhiya For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

This writ petition has been filed to direct the respondents to grant 21 days of ordinary leave, without escort for the petitioner namely Suresh, S/o.Solai, aged 42 years, Convict Prisoner, Convict No.8199, Central Prison, Puzhal.

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

3. The petitioner herein seeks for grant of 21 days of ordinary leave, without escort, on the ground that his parents are senior citizens and are having certain medical ailments and requires the presence of the petitioner to make some arrangements for their medical expenses. Further, the petitioner has undergone 4 years, 10 months and 8 days of imprisonment.

4.The learned Additional Public Prosecutor, on instructions, submitted that the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true. He would submit that the prisoner is eligible for 28 days of ordinary leave.

5. Considering that the reason assigned by the petitioner for grant of leave is true and that the convict prisoner has not even availed any leave so far, we are inclined to grant ordinary leave for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Suresh, S/o.Solai, aged 42 years, Convict Prisoner, Convict No.8199, Central Prison, Puzhal, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 07.08.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the petitioner shall report before the Inspector of Police, Karaikudi Police Station, Sivagangai District, 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.R., J] [V.L.N., J] 04.07.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith To 1.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600066 3.The Inspector of Police, Karaikudi Police Station, Sivagangai District

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

Anu 04.07.2025