Victoria v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Victoria ... Petitioner Vs.

1.The State rep. By its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai- 600008 2.The Superintendent Puzhal Central Prison-1, Puzhal 600066.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant ordinary leave for 30 days without escort to the detenue, Veeramuthu S/o.Paulraj aged about 49 years bearing Convict No.5874 confined at Central Prison, Puzhal.

For Petitioner :

M/s.S.Sadhana 1/6

For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor.

O R D E R

(Order of the Court was delivered by S.M.Subramaniam J.) This petition has been filed seeking a Writ of Mandamus to direct the respondents to grant ordinary leave for a period of 30 days without escort to the convict prisoner Veeramuthu, S/o.Paulraj, aged about 49 years bearing Convict No.5874, confined at Central Prison, Puzhal, who was convicted for the offences under Sections 294(b), 353 r/w 302 IPC and sentenced to undergo life imprisonment in S.C.No.10 of 2014 by the III Additional District Sessions Judge, Tiruvallur Court at Poonamallee dated 19.03.2015.

2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone imprisonment for a period of 11 years 1 months and 21 days and that he seeks ordinary leave for the petitioner's husband to make arrangement for livelihood of his family and for the settlement of life after release.

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3. At this juncture, the learned Additional Public Prosecutor Mr.E.Raj Thilak would submit that the convict prisoner is eligible to avail ordinary leave for a period of 21 days. The Probation Officer also recommended for grant of ordinary leave for the convict prisoner.

4. In view of the favourable recommendation of the Probation Officer and considering the fact that the convict prisoner is eligible to avail ordinary leave for a period of 21 days, this Court is inclined to grant 21 days Ordinary Leave to the convict prisoner.

5. Accordingly, the convict prisoner viz.,Veeramuthu, S/o.Paulraj, aged about 49 years, bearing Convict No.5874, confined at Central Prison, Puzhal, is hereby granted Ordinary Leave without escort for a period of 21 days commencing from 23.08.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Veeramuthu, S/o.Paulraj, aged about 49 years bearing Convict No.5874, confined at Central Prison, Puzhal, on Ordinary Leave without escort for a period of 21 days commencing from 23.08.2024 3/6

(ii) The Convict Prisoner shall be released on 23.08.2024 at 10.00 a.m. and surrender before the Superintendent, Central Prison, Puzhal, on 13.09.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the jurisdictional Police Station, once in a week at 10.00 a.m. during the period of leave.

(iv) 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.

6. Accordingly, the writ petition stands disposed of. No Costs. (S.M.S.J.,) (R.S.V.J.,) 19.08.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) 4/6

To 1.The State rep. By its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai- 600008 2.The Superintendent Puzhal Central Prison-1, Puzhal 600066.

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S.M.SUBRAMANIAM, J.

and R.SAKTHIVEL, J.

(sha) 19.08.2024 6/6