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Madras High CourtWP Crl./310/2025allowed

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

2025-08-22Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.310 of 2025 & WPMP.No.137 of 2025 V.Susila ... Petitioner Vs.

1.The Deputy Inspector General of Prisons, Prisons and Correctional Service, Vellore Range, Vellore.

2.The Superintendent of Prisons, Central Prison, Cuddalore - 4.

... Respondents PRAYER: Writ Petition Criminal filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records No.RO-VLR/474/2025-CAMP(A), dated 28.05.2025 passed by the respondent No.1, and quash the portion 'with police escorts' in the impugned order and consequently, direct the respondents to grant 21 days ordinary leave to the petitioner's husband Venkatesan s/o. Govinda Padayachi, aged 61 years, Convict Prisoner No.17001, PID 367968, now confined in the Central Prison, Cuddalore.

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

ORDER

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed to modify the order dated 28.05.2025 passed in No.RO-VLR/474/2025-CAMP(A), and to grant 21 days of ordinary leave without escort to the detenu, Venkatesan s/o. Govinda Padayachi, aged 61 years, Convict Prisoner No.17001, PID 367968, now confined in the Central Prison, Cuddalore.

2. The first respondent, by an order dated 28.05.2025 granted 21 days ordinary leave to the detenu with police escort. The petitioner has filed this writ petition seeking modification of the order of the first respondent dated 28.05.2025 without police escort.

3. The petitioner seeks ordinary leave for her husband to take care of her during the treatment regarding her vision problem and also to make arrangement for their son's marriage. The learned counsel for the petitioner also submits that the life convict has already undergone imprisonment for more than 3 years. The learned counsel for the petitioner further submits that this court has already granted ordinary leave on two occasions and emergency leave on two occasions and both without escort and on expiry of the said leave periods, the life convict surrendered before the jail authorities.

4. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 16.07.2025 and the report of the Probation Officer dated 22.07.2025. The learned Additional Public Prosecutor submitted that the Probation Officer has not recommended the case of the life convict.

5. Though the Probation Officer has not recommended the case of the life convict, taking into consideration the fact that in the earlier occasions, the life convict had surrendered before the Jail Authorities on expiry of the leaves granted earlier, we are inclined to grant ordinary leave of 21 days without escort.

6. Accordingly, the impugned order of the first respondent in No.RO-VLR/474/2025-CAMP(A), dated 28.05.2025 granting 21 days ordinary leave to the detenu Venkatesan s/o. Govinda Padayachi, aged 61 years, Convict Prisoner No.17001, PID 367968, now confined in the Central Prison, Cuddalore, with escort is modified as 21 days ordinary leave "without escort" to the life convict Venkatesan s/o. Govinda Padayachi, aged 61 years, Convict Prisoner No.17001, PID 367968, now confined in the Central Prison, Cuddalore, commencing from 30.08.2025 to 19.09.2025, with a condition that the life convict shall report before the Virudhachalam Police Station, Cuddalore District, daily at 10.30 A.M. After expiry of the ordinary leave, the life convict shall surrender before the Jail Authority on 19.09.2025 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.

7.With the above directions, this Writ Petition stands allowed. No costs.

(M.S.R, J.) (V.L.N, J.) 22.08.2025 nl Note: Issue order copy on 29.08.2025 Index : Yes/No Speaking Order/Non-speaking Order To 1.The Deputy Inspector General of Prisons, Prisons and Correctional Service, Vellore Range, Vellore.

2.The Superintendent of Prisons, Central Prison, Cuddalore - 4.

3.The Public Prosecutor, High Court, Madras

M.S. RAMESH, J.

and V.LAKSHMINARAYANAN, J.

nl 22.08.2025