Krishnaveni v. The Home Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.P.M.P.Crl.No.31 of 2025 Krishnaveni ... Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai - 600 066.

... 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 relating to the proceedings in No.493726/Thaku2/2024 by the 3rd respondent dated 07.02.2025 and quash the same and direct the 3rd respondent

to grant 28 days ordinary leave without escort to the petitioner's son Murali, S/o.Seeman, (Convict No.5072, PID No.4603), who is currently confined in Central Prison, Puzhal - I, Chennai.

For Petitioner : Mr.P.M.Basil 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 07.02.2025, rejecting the representation of the life convict seeking ordinary leave, on the ground that since the property is in the name of the life convict's father, there is no necessity for the life convict's presence and that the Probation Officer has not recommended for grant of leave.

2. The learned counsel for the petitioner submitted that the petitioner requires the presence of her son/life convict to provide financial support and to assist in selling the ancestral property 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 14 years of imprisonment and

he has not availed any leave so far.

3. The learned Additional Public Prosecutor has produced the proforma of the life convict dated 16.06.2025, as well as the report of the Probation Officer dated 16.12.2024. While the proforma discloses that the life convict is eligible for grant of leave, the Probation Officer in his report has not recommended for grant of leave.

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 14 years of imprisonment, we are inclined to grant 21 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 bearing No.493726/Thaku2/2024 dated 07.02.2025, passed by the third respondent, is hereby quashed and the Writ Petition stands allowed. Consequently, the respondents herein are directed to grant 21 days of Ordinary Leave "without escort" to the petitioner's son/life convict namely Murali, S/o.Seeman, (Convict No.5072, PID No.4603), who is currently confined in Central Prison, Puzhal - I,

Chennai, commencing from 15.08.2025 to 04.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. D-5, Pallur Police Station, Chengalpattu District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 04.09.2025 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. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 08.08.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 14.08.2025.

To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai - 600 066.

4.The Inspector of Police, D-5, Pallur Police Station, Chengalpattu District.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni 08.08.2025