Joseph Nepoleon v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.05.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE P.B.BALAJI Joseph Nepoleon ....

Petitioner Vs 1.The Home Secretary Home Department Secretariat, Fort St.George Chennai 600 009.

2.The Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai 600 008.

3.The Deputy Director General of Prison O/o Deputy Director of Prison Vellore Central Prison, Vellore District.

4.The Superintendent of Prison Cuddalore Central Prison Cuddalore District.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant 30 days ordinary leave without escort to the petitioner's brother Life Convict Mr.Lenin @ Murugan S/o Late Charles CT15132 now confined in Cuddalore Cuddalore Prison for the purpose of making arrangements after his release and arrange the marriage in pursuant to the petitioner's representation dated 02.05.2024.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner's brother is a life convict. The petitioner wants this Court to direct the respondents to grant 30 days ordinary leave without escort to him.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that the convict is eligible for 40 days ordinary leave. However, they are awaiting report from the Probation Officer. It is stated that the moment the Probation Officer's report is received, leave will be granted to the life convict.

4. Recording the submission of the learned Additional Public Prosecutor, the writ petition is disposed of. No costs.

(G.R.S., J.) (P.B.B.,J.) 23.05.2024 Index : Yes/No KST

To 1.The Home Secretary Home Department Secretariat, Fort St.George Chennai 600 009.

2.The Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai 600 008.

3.The Deputy Director General of Prison O/o Deputy Director of Prison Vellore Central Prison, Vellore District.

4.The Superintendent of Prison Cuddalore Central Prison Cuddalore District.

G.R.SWAMINATHAN, J.

AND P.B.BALAJI, J.

KST 23.05.2024