Thangadurai v. The State Rep By Its

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 and W.M.P.No.19463 of 2025 Thangadurai S/o.Rajan, PID No.239113 and CT.No.22621, confined at Central Prison, Coimbatore

...Petitioner/ the detenue

Vs.

1.The State of Tamil Nadu rep. by its The Deputy Inspector General of Prison, Coimbatore Zone, 2.The Superintendent, Coimbatore Central Prison, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.22621/Tha.Ku.3/2025, dated 24.03.2025 passed by the second respondent and quash the same and consequently, direct the respondents to grant ordinary leave for 21 days, without escort to the detenue,

Thangadurai, aged about 36 years, S/o.Rajan, convict prisoner, bearing Convict No.22621, PID No.239113, confined at Central Prison, For Petitioner : Mr.P.Bakiyaraj For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

This writ petition has been filed to call for the records pertaining to the impugned order bearing No.22621/Tha.Ku.3/2025, dated 24.03.2025 passed by the second respondent and quash the same. Consequently to direct the respondents to grant ordinary leave for 21 days, without escort to the detenue, Thangadurai, aged about 36 years, S/o.Rajan, convict prisoner, bearing Convict No.22621, PID No.239113, confined at Central Prison, Coimbatore.

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 since the petitioner's father has certain medical ailments, the petitioner's presence is required to admit him in the hospital and arrange funds for his medical expenses. Further, the detenue has undergone 5 years, 6 months and 18 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 20.02.2025, in which, the Probation Officer has not recommended for grant of leave since the reasons assigned by the petitioner is said to be false. He would submit that the prisoner is otherwise eligible for 15 days of ordinary leave.

5. Although the Probation Officer has not recommend for grant of leave, considering the period of incarceration undergone by the petitioner and that he is eligible for 15 days of ordinary leave, we are inclined to grant ordinary leave for a period of 15 days in exercise of our powers under Article 226 of the Constitution of India.

6.

Accordingly, the impugned order bearing No.22621/Tha.Ku.3/2025, dated 24.03.2025 is quashed and the detenue viz., Thangadurai, aged about 36 years, S/o.Rajan, bearing Convict No.22621, PID No.239113, confined at Central Prison, Coimbatore, is hereby granted ordinary leave for a period of 15 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 25.07.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Pollachi Town East 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. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 04.07.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith

To 1.The Deputy Inspector General of Prison, Coimbatore Zone, 2.The Superintendent, Coimbatore Central Prison, 4.The Inspector of Police, Pollachi Town East Police Station 5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

Anu and W.M.P.No.19463 of 2025 04.07.2025