← Library
Madras High CourtWP/19551/2025disposed of

Madhesh v. The State Rep By Its,

2025-05-28Honourable Mr Justice Senthilkumar Ramamoorthy,Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and W.M.P.No.21875 of 2025 Madhesh, S/o.Venkatraj, Convict Prisoner, PId No. 288424, Confining at Central Prison, Salem, Hasthampatty, Salem-7.

.. Petitioner Vs

1. The State Rep by its, The Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore- 641 012.

2. The Superintendent of Prison, Central Prison at Salem, Hasthampatty, Salem-7.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the Page Nos.1/4

records pertaining with an impugned order in No. 772295/tha. ku.3/ 2025 dated 29.03.2025 and quash the same and direct the respondents to grant 21 days leave without escort to the petitioner's convict namely Mr. Madhesh, S/o.Venkatraj (PID No. 288424).

For Petitioner :

Mr.M.Mohamed Saifulla For Respondents :

Mr. S.Raja Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by SENTHILKUMAR RAMAMOORTHY, J.,] The petitioner is the convict and seeks 21 days leave without escort for the purpose of making necessary arrangements for the medical treatment of his father. By order dated 29.03.2025, ordinary leave for 21 days was granted with escort. The petitioner seeks modification so as to enable the leave to be availed without escort.

Page Nos.2/4

2.

The convict has been in prison for more than 4 1⁄2 years. By considering the facts and circumstances, the request for ordinary leave was granted.

3.

Learned Additional Public Prosecutor submits that if leave were to be granted without escort, the convict should report at the Anekal Police Station, Bangalore-562106, Karnataka State on every alternate day. 4.

Accordingly, this writ petition is disposed of by modifying the order dated 29.03.2025 and granting ordinary leave to the convict prisoner Madhesh, S/o.Venkatraj, PID No. 288424, from 01.06.2025 to 20.06.2025 without escort subject to the condition that he appears before the Anekal Police Station, Bangalore-562106, Karnataka State on every alternate day. The respondents are directed to release the convict prisoner, who is confined at Central Prison, Salem, on 01.06.2025 at 10.30 a.m. The convict shall comply with all terms and conditions set out in the Suspension of Sentence Rules. He shall return to the Central Prison, Salem on Page Nos.3/4

SENTHILKUMAR RAMAMOORTHY,J., and T.V.THAMILSELVI,J., kj/veda 20.06.2025 at 05.00 p.m. No costs. Consequently, connected miscellaneous petition is closed.

(S.K.R.,J.) (T.V.T.S.,J.) 28.05.2025 Index : Yes/No Internet :Yes/No kj/veda To

1. The State Rep by its, The Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore- 641 012.

2. The Superintendent of Prison, Central Prison at Salem, Hasthampatty, Salem-7.

3. Inspector of Police, Anekal Police Station, Bangalore-562106, Karnataka.

4. The Public Prosecutor, High Court, Chennai.

and W.M.P.No.21875 of 2025 Page Nos.4/4