A.Jothilakshmi v. The State Rep By The Secretary To Govenrment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.P.M.P.Crl.No.101 of 2025 A.Jothilakshmi ... Petitioner Vs.

1.The State represented by The Secretary to Government Department of Home (Prison) Fort St. George Chennai 600 009 2.The Additional Director General of Prison / Inspector General of Police Department of Prison Thalamuthu Building, CMDA Tower-2 Egmore, Chennai 600 008 3.The Deputy Inspector General of Prison Department of Prisons and Reformatory work Vellore Range, Vellore District 4.The Superintendent of Prison Central Prisons Cuddalore 607 003 ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records in letter No.RO/VLR/362/CAMP(A) dated 08.04.2025 passed by the 3rd respondent and quash the same and direct the 3rd respondent to grant leave for one month for the detenu Azhagar @ Valarndha Azhagar, son of Dharmaraj, aged about 50 years, Convict No.16749 (PID 71693) detained at Central Prison, Cuddalore. For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records in letter No.RO/VLR/362/CAMP(A) dated 08.04.2025 passed by the 3rd respondent and quash the same and direct the 3rd respondent to grant leave for one month for the detenu Azhagar @ Valarndha Azhagar, son of Dharmaraj, aged about 50 years, Convict No.16749 (PID 71693) detained at Central Prison, Cuddalore.

2.The learned counsel for the petitioner submitted that a representation dated 20.03.2025 was sent to the respondents seeking for grant of 30 days ordinary leave to the petitioner father. The same was rejected by the respondents vide impugned order dated 08.04.2025. Hence the petitioner is before this Court.

3. Learned Additional Public Prosecutor submitted that the leave request of the petitioner was rejected by the Deputy Inspector General of Prisons, Vellore Range, Vellore, vide proceeding No.RO/VLR?362/ (CAMP-A) dated 08.04.2025, on the ground that the report received from the Probation Officer states that the reasons given by the prisoner for the leave are not genuine

4. Though the representation of the petitioner was rejected vide impugned proceedings, we are inclined to grant 20 days ordinary leave to the convict prisoner. Even though the convict prisoner is eligible for 40 days of ordinary leave, it has been restricted to 20 days, since there is no positive recommendation from the Probation Officer.

5. This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent in No.RO/VLR/362/CAMP(A) dated 08.04.2025 is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 20 days ordinary leave "without escort" to the life convict viz. Azhagar @ Valarndha Azhagar, aged about 50 years, S/o.Dharmaraj, PID No.71693, commencing from 15.08.2025 to 03.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Devaram Police Station, 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 10.00 a.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. Consequently, connected miscellaneous petition is closed.

[M.S.R, J.] [V.L.N, J.] 08.08.2025 kas Index: Yes / No Speaking / Non Speaking Note: Issue Order Copy on 14.08.2025

To 1.The Secretary to Government Department of Home (Prison) Fort St. George Chennai 600 009 2.The Additional Director General of Prison / Inspector General of Police Department of Prison Thalamuthu Building, CMDA Tower-2 Egmore, Chennai 600 008 3.The Deputy Inspector General of Prison Department of Prisons and Reformatory work Vellore Range, Vellore District 4.The Superintendent of Prison Central Prisons Cuddalore 607 003 5.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

kas and W.P.M.P.Crl.No.101 of 2025 08.08.2025