R. Easwari v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.23 of 2025 R.Easwari ... Petitioner Vs.

1.The Deputy Inspector General of Prisons, Vellore Range, Vellore - 632 002.

2.The Superintendent of Prison, Central Prison, Cuddalore - 607 004.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records No.731455/Tha.ku2/2025 dated 07.32025 passed by respondent No.2, and quash the same and consequently direct the respondents to grant 60 days ordinary leave to the petitioner's son namely Anbu @ Anbazhagan, S/o.Ramar, aged years, Convict No.16527, PID No.135185, Convict Prisoner, Central Prison, Cuddalore.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 07.03.2025, rejecting the representation of the petitioner dated 08.02.2025, on the ground that the reasons for seeking leave is not true.

2. The learned counsel for the petitioner submitted that the petitioner requires the presence of her son/life convict for making arrangements of livelihood and hence, she sought for an ordinary leave for her son/life convict. The learned counsel further submitted that the life convict has undergone more than 6 years of imprisonment and he has not availed any leave so far.

3. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 20.06.2025, as well as the report of the Probation Officer dated 16.06.2025. The Probation Officer in his report has

stated that the reasons assigned by the petitioner for seeking leave for her son/life convict are not true and therefore, he has not recommended to grant leave to the life convict.

4. Though the Probation Officer has not recommended to grant leave to the life convict, by taking into consideration the fact that the life convict has not availed any leave during his 6 years and 8 months of imprisonment, we are inclined to grant 28 days of ordinary leave to the petitioner's son/life convict, by invoking our powers under Article 226 of the Constitution of India.

5. Accordingly, the impugned order dated 07.03.2025 passed in No.731455/Tha.ku2/2025 by the second respondent, is hereby quashed. Consequently, the respondents herein are directed to grant 28 days of Ordinary Leave "without escort" to the petitioner's son/life convict namely Anbu @ Anbazhagan, S/o.Ramar, Convict No.16527, PID No.135185, presently confined at Central Prison, Cuddalore, commencing from 01.08.2025 to 28.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Ammapet Police Station, Salem District,

daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 28.08.2025 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 directions, this Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 25.07.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 31.07.2025.

To 1.The Deputy Inspector General of Prisons, Vellore Range, Vellore - 632 002.

2.The Superintendent of Prison, Central Prison, Cuddalore - 607 004.

3.The Inspector of Police, Ammapet Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni 25.07.2025