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Madras High CourtWP/17976/2025allowed

Renugadevi v. The State Rep. By Its,

2025-07-04Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan6 pages

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 RENUGADEVI

...Petitioner/ wife of the detenue

Vs.

1. The State Rep. By Its, The Secretary To Government Of Tamil Nadu, Prison Department-IV, Fort St.George, Chennai 600 009 2.The Deputy Inspector Of General Of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore 641018 3.The Superintendent, Coimbatore Central Prison, Coimbatore 641018 ... 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 ordinary leave for 30 days to the petitioner's husband detenue, Kannan @ Thamizhazhagan,S/o.Shanmugam, aged about 39 years,

Convict No.18504, detained at central prison, Coimbatore. For Petitioner : Ms.A.Archana 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 ordinary leave for 30 days to the petitioner's husband detenue, Kannan @ Thamizhazhagan, S/o.Shanmugam, aged about 39 years, Convict No.18504, detained at central prison, Coimbatore.

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

3. The petitioner herein seeks for grant of 30 days of ordinary leave, without escort, on the ground that she is having certain medical ailments and requires the presence of her husband, convict prisoner to make some arrangements for her medical expenses and to admit their children in another school for the forthcoming academic year. Further,

the prisoner has undergone 11 years, 3 months and 26 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 40 days of ordinary leave.

5. Considering that the reason assigned by the petitioner for grant of leave is true and that he is eligible for 40 days of leave, we are inclined to grant ordinary leave for a period of 40 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Kannan @ Thamizhazhagan, S/o.Shanmugam, aged about 39 years, Convict No.18504, detained at central prison, Coimbatore, is hereby granted ordinary leave for a period of 40 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 19.08.2025. 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, Tiruppur North 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. [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 Secretary To Government Of Tamil Nadu, Prison Department-IV, Fort St.George, Chennai 600 009 2.The Deputy Inspector Of General Of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore 641018

3.The Superintendent, Coimbatore Central Prison, Coimbatore 641018 4.The Inspector of Police, Tiruppur North Police Station 5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

Anu 04.07.2025