Seenivasan v. The Deputy Inspector General Of Prison,

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.P.M.P.Crl.No.10 of 2025 Seenivasan (aged 38 years), S/o.Rajendran, Convict Prisoner, Ct.No.7679, Central Prison, Puzhal, Chennai - 600 066.

.. Petitioner Vs.

1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in the order dated 12.05.2025 bearing no.7679/tha.ku/2025 passed by the 2nd respondent and quashing the same and directing the 1/6

respondents to grant ordinary leave for 40 days by without escort to the petitioner namely Seenivasan, S/o.Rajendran, aged 38 years, Convict Prisoner, Convict No.7679, Central Prison, Puzhal. For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 12.05.2025 of the 2nd respondent, rejecting the representation of the petitioner / life convict, on the ground that in the Probation Officer report, the reasons assigned by the petitioner seeking grant of ordinary leave to him, is not genuine.

2.The learned counsel for the petitioner submitted that the petitioner / life convict's mother is suffering from old age related health issues and knee problem. He further submitted that the petitioner / life convict has undergone more than 7 years of imprisonment and the life convict has not availed any leave so far and therefore, sought for grant of ordinary leave to the life convict.

3.The learned Additional Public Prosecutor has produced the 2/6

particulars of the life convict dated 26.06.2025, and also produced the report of the Probation Officer dated 12.02.2025, which states that the life convict's mother has neither produced any medical records regarding her health condition, nor she has produced any documents regarding the dilapidated house and land. Hence, the Probation Officer has not recommended for grant of leave.

4.Though the PO has not recommended for grant of leave to the petitioner / life convict, by taking into consideration the fact that the life convict has not availed any leave so far during his period of seven years of imprisonment, we are inclined to grant 28 days of ordinary leave to the petitioner/life convict, by invoking our powers under Article 226 of the Constitution of India.

5.Accordingly, the impugned order dated 12.05.2025 bearing No.7679/tha.ku2/2025 passed by the 2nd respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the petitioner/life convict namely Seenu @ Srinivasan, S/o.Rajendran, aged 35 years, LCT 3/6

No.7679, confined at Central Prison-1, Puzhal, Chennai, commencing from 11.07.2025 to 07.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. E3 Thirukazhukundram Police Station, Kancheepuram District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 07.08.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

6.With the above direction, the Writ Petition stands allowed. Connected miscellaneous petition is closed. No costs. (M.S.R., J) (V.L.N., J) 04.07.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 10.07.2025.

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To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

3.The Inspector, E3 Thirukazhukundram Police Station, Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

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and V.LAKSHMINARAYANAN, J.

krk 04.07.2025 6/6