Muniyamma v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP.No.34601 of 2024 Muniyamma ... Petitioner Vs.
1.The Home Secretary Home Department (Pension) Secretariat, Fort St.George Chennai - 600 009.
2.The Deputy Inspector General Vellore, Vellore District.
3.The Superintendent of Prisons, Vellore Central Prison, Vellore District.
... 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 relating to the proceedings No.E343331/Tha.Ku.3/2024 dated 07.10.2024 passed by the 3rd respondent and quash the same (enlarge the petitioner's son (Convict Prisoner No.3785) and further directing the 3rd respondent to grant 21 days leave without escort, confined at Central Prison, Vellore.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The rejection of leave application by the third respondent in proceedings No. No.E343331/Tha.Ku.3/2024 dated 07.10.2024 is under challenge in the present writ proceedings.
2. The reason stated in the order impugned thus though an appeal is pending before the Hon'ble Supreme Court of India.
3. The learned counsel for the petitioner would submit that no such appeal has been preferred by the prisoner and therefore, the reasons stated in the order impugned is not existing.
4. Though, the probation officer has not recommended the case of the prisoner for grant of ordinary leave, the reason stated is that the mother of the
prisoner is able to walk and do her works, in the leave application the prisoner has stated that her mother is ill-health.
5. The learned counsel for the petitioner would submit that previously his mother was admitted and now after treatment, she is able to walk and perform routine work. More so, the prisoner has been allowed to work as PLV (Para Legal Volunteer) inside the prison and maintaining good conduct.
6. Considering the facts and circumstances, we are inclined to grant ordinary leave for 21 days commencing from 19.11.2024 to 09.12.2024.
7. Accordingly, the convict prisoner viz., Mr.Nagaraj S/o.Chennalappa bearing Convict No.3785 now confined at Central Prison, Vellore is hereby granted ordinary leave for a period of 21 days, without escort commencing from 19.11.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Mr.Nagaraj S/o.Chennalappa bearing Convict No.3785 now confined at Central Prison, Vellore on Ordinary Leave for a period of 21 days i.e., from 19.11.2024 to 09.12.2024.
(ii) The Convict Prisoner shall be released on 19.11.2024 at 10.00 am and surrender before the Central Prison, Vellore on 09.12.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Thenkanikottai Police Station, Krishnagiri District twice a week on Monday and Thursday at 11.00 a.m., during the period of leave.
(iv)The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
8. Accordingly, the writ petition stands allowed by quashing the proceedings No.E343331/Tha.Ku.3/2024 dated 07.10.2024 passed by the third respondent. No Costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.S., J.] [M.J.R., J.] 13.11.2024 Index: Yes/No Speaking/Non-speaking order tsh
To 1.The Home Secretary Home Department (Pension) Secretariat, Fort St.George Chennai - 600 009.
2.The Deputy Inspector General Vellore, Vellore District.
3.The Superintendent of Prisons, Vellore Central Prison, Vellore District.
4.The Inspector of Police Thenkanikottai Police Station, Krishnagiri District.
5. The Public Prosecutor High Court of Madras.
S.M. SUBRAMANIAM, J.
AND M. JOTHIRAMAN, J.
tsh 13.11.2024