Jogarabeevi v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No.18805 of 2025 and W.M.P.No.21058 of 2025 Jogarabeevi Petitioner vs.

1.

The State represented by its Deputy Inspector General of Prison Vellore Range Vellore 632 002 The Superintendent Central Prison Cuddalore 607 004 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the order dated 05.03.2025 in Proceedings ROVLR/213/2025-CAMP(A) passed by the first respondent and quash the same and direct the respondents to grant ordinary leave for 28 days without escort to the detenu, Mubarak, S/o Abusali, aged about 30 years being Convict No.PID 34470 confined at Central Prison, Cuddalore.

Page Nos.1/4

For petitioner Ms. S. Sadhana For respondents Mr. E. Raj Thilak Addl. Public Prosecutor

ORDER

(made by G.R. SWAMINATHAN, J.) Heard both sides.

The petitioner's son Mubarak is undergoing life sentence in the Central Prison, Cuddalore. He has, so far, spent more than 8 years in prison. He was granted 28 days ordinary leave by the first respondent vide proceedings dated 05.03.2025. However, the said proceedings read that the prisoner can avail the said leave with escort. Aggrieved by the condition stipulating provision for escort, this writ petition has been filed.

3.

Considering the period of incarceration undergone by the prisoner, his conduct during the period of incarceration and the undertaking given by the learned counsel for the petitioner that the prisoner will stay within the limits of Ayyampettai Police Station during the leave period, we direct that the prisoner shall be released from the Page Nos.2/4

prison on ordinary leave without escort at 10.00 a.m. on 26.05.2025 and he shall return to prison 28 days thereafter, i.e., on 24.06.2025 at 5.00 p.m., on condition that the the prisoner shall sign twice a day i.e., at 8.30 a.m. and 5.30 p.m. daily, during the leave period before the Inspector of Police, Ayyampettai P.S., Thanjavur. The impugned condition stands modified accordingly.

4.

This writ petition stands allowed on the aforesaid terms. No costs. Connected W.M.P. stands closed.

(G.R.S.,J.) (V.L.N.,J.) 21.05.2025 cad Page Nos.3/4

G.R. SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

cad To 1.

The Deputy Inspector General of Prison Vellore Range Vellore 632 002 The Superintendent Central Prison Cuddalore 607 004 3.

The Public Prosecutor High Court of Madras Chennai 600 104 4.

The Inspector of Police Ayyampettai Police Station Thanjavur 21.05.2025 Page Nos.4/4