Amsaveni v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR Amsaveni ... Petitioner -vs1. State Rep. by The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-18.

2. The Superintendent of Prison, Central Prison, Coimbatore-18.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st Respondent vide his letter in No.621/Tha.vu2/2025 dated 12.06.2025 and quash the same and consequently direct the Respondents to grant 21 days ordinary leave without escort to the petitioner's brother, namely, Balakrishnan @ Bala, S/o.Krishnan, who is a Convict Prisoner vide PID.No.358783, aged about 33 years, who is presently confined in Central Prison, Coimbatore based on the petitioner's representation given on 10.05.2025. 1/4

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the Letter dated 12.06.2025 in No.621/Tha.vu2/2025 of the 1st respondent, by which the request of the petitioner to grant Ordinary Leave to her brother / detenu was rejected. The petitioner also sought a direction to the Respondents to grant 21 days ordinary leave without escort to her brother, namely, Balakrishnan @ Bala, S/o.Krishnan, who is a Convict Prisoner (PID.No.358783), confined in the Central Prison, Coimbatore based on her representation dated 10.05.2025.

2. The report of the Probation Officer dated 20.05.2025 has been produced before this Court, wherein, it has been specifically stated that though the petitioner herein is said to be the sister of the Convict Prisoner, namely, Balakrishnan, no concrete evidence has been produced to establish as to the blood relation of the petitioner with that of the Convict 2/4

Prisoner. It is also stated on the basis of the statement of the local residents that in case the Convict Prisoner is granted leave, there is a likelihood of occurrence of law and order problem in the locality. Hence, the Probation Officer has not recommended for the grant of Ordinary Leave to the Convict Prisoner.

3. In view of the adverse report given by the Probation Officer, the grant of Ordinary Leave at this stage is not advisable. Moreover, the detenue was convicted for the offence under Section 6 of POCSO Act, undergoing Rigorous Imprisonment for 20 years. Thus, we are not inclined to set aside the rejection order passed by the 1st respondent.

4. Accordingly, this Writ Petition is dismissed. No costs. (J.N.B.J.,) (S.S,J.,) 17.09.2025 Index: Yes/No Internet: Yes/No ar 3/4

J.NISHA BANU, J.

AND S.SOUNTHAR , J.

ar To:

The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-18.

2. The Superintendent of Prison, Central Prison, Coimbatore-18.

W.P.No.330 of 2025 17.09.2025 4/4