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Madras High CourtWP Crl./265/2025allowed

Vadivel v. The State Rep. By The Deputy Inspector General Of Prisons,

2025-08-08Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan6 pages

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.113 of 2025 Vadivel ... Petitioner Vs.

1.The Deputy Inspector General of Prisons Chennai Range Prison and Correctional Service Prison Head Quarters Egmore, Chennai 600 008 2.The Deputy Inspector General of Prison Coimbatore Range Coimbatore - 18 3.The Superintendent of Prisons Central Prison Salem 636 008 ... 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 the order dated 18.06.2025 bearing No.705/tha.uu.2/2025

passed by the respondent No.2 and quash the same, and direct the respondents to grant ordinary leave for 28 days for the petitioner's brother namely Madheshwaran, S/o.Subramani, aged about 43 years, Convict No.2965. Convict Prisoner, detained in Central Prison, Salem. For Petitioner : Ms.S.Nadhiya 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 the order dated 18.06.2025 bearing No.705/tha.uu.2/2025 passed by the respondent No.2 and quash the same, and direct the respondents to grant ordinary leave for 28 days for the petitioner's brother namely Madheshwaran, S/o.Subramani, aged about 43 years, Convict No.2965. Convict Prisoner, detained in Central Prison, Salem.

2.The learned counsel for the petitioner submitted that a

representation dated 31.03.2025 was sent to the respondents seeking for grant of 28 days ordinary leave to the petitioner's brother. The same was rejected by the 2nd respondent vide impugned order dated 18.06.2025 bearing No.705/tha.uu.2/2025. Hence the petitioner is before this Court.

3. Learned Additional Public Prosecutor submitted that the leave request of the petitioner was rejected on the ground that the reason raised for leave by the petitioner is found to be false.

4. Though the representation of the petitioner was rejected vide impugned proceedings, we are inclined to grant 28 days ordinary leave to the convict prisoner.

5. This Writ Petition stands allowed accordingly. The impugned proceedings of the 2nd respondent dated 18.06.2025 bearing No.705/tha.uu.2/2025 is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Madheshwaran, S/o. Subramani,

aged about 43 years, Convict No.2965, lodged in Central Prison, Salem, commencing from 15.08.2025 to 11.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Karungalpalayam Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 12.09.2025 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 Deputy Inspector General of Prisons Chennai Range Prison and Correctional Service Prison Head Quarters Egmore, Chennai 600 008 2.The Deputy Inspector General of Prison Coimbatore Range Coimbatore - 18 3.The Superintendent of Prisons Central Prison Salem 636 008 4.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

kas and W.P.M.P.Crl.No.113 of 2025 08.08.2025