Sakthivel v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Sakthivel S/o Elumalai ..

Petitioner v.

1. The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008

2. The Superintendent Puzhal Central Prison-I Puzhal 600 066 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records connected with impugned order in proceedings No.164409/ThaKu.2/2024 dated 14.10.2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Ramajeyam, S/o Elumalai, aged about 40 years bearing

Convict No.8390 confined at Central Prison, Puzhal. For Petitioner ::

M/s S.Sadhana For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The prisoner was granted ordinary leave by the prison authorities. However, he is not in a position to execute the bond by providing surety, as per the impugned letter dated 14.10.2024. Thus the present writ petition came to be instituted.

2. The learned counsel for petitioner would submit that the prisoner is kept in the open air jail and he is maintaining good conduct throughout the period of imprisonment. He is in actual imprisonment for about six years.

3. The letter of the Superintendent of Prison addressed to the learned Public Prosecutor would reveal that the conduct of the prisoner is satisfactory and he has not committed any prison offence so far.

4. Taking note of the fact that the prisoner is in actual imprisonment for six years, we are inclined to pass the following order:- (i) The impugned order passed by the 2nd respondent dated 14.10.2024 is set aside.

(ii)The prisoner, namely, Ramajeyam, S/o Elumalai, aged about 40 years, Convict No.8390, who is confined in Central Prison, Puzhal, Chennai is granted 21 days ordinary leave without escort. (iii)The leave shall commence from 25.11.2024 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 15.12.2024.

(iv)The prisoner shall appear before the J-6 Thiruvanmiyur Police Station, Chennai twice a week i.e., on every Monday and Thursday at 11.00 A.M., during the period of leave.

The writ petition stands allowed on the above terms. No costs. Index : yes (S.M.S.,J.) (M.J.R.,J.) 19.11.2024 ss To

1. The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008

2. The Superintendent of Prison Central Prison, Puzhal Chennai 600 066

3. The Inspector of Police J-6 Thiruvanmiyur Police Station Chennai

4. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 19.11.2024