Kamala v. The Director General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Kamala W/o Veeradurai ..
Petitioner v.
1. The Director General of Prison Chennai District 600 008
2. The Deputy Director General of Prison Chennai District 600 008
3. The Superintendent of Prison Central Prison, Cuddalore Cuddalore District ..
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 in Proceeding Vide No.15308/Tha.Ku.2/2024 dated 07.10.2024 by the 3rd respondent and quash the same and further direct the respondent 1 to 3 to
grant ordinary leave 30 days without escort to the life convict Mr.Veeradurai, S/o Rajagopal (PID No.15615) now confined in 3rd respondent prison, for the purpose of "to construct the house and seen the convict daughter" in pursuant to petitioner representation dated 20.09.2024. For Petitioner ::
Mr.P.Muthamizhselvakumar For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The rejection of leave application in proceeding dated 07.10.2024 is sought to be assailed in the present writ petition.
2. Heard both sides.
3. The prisoner is in actual imprisonment for eight years and eight months. On earlier occasion, he availed ordinary leave and punctually surrendered before the jail authorities on expiry of leave. There is no adverse conduct noticed by the prison authorities. Taking note of the reasons stated in the leave application and considering the report of the
Probation Officer, we are inclined to pass the following order:- (i) The impugned order passed by the 3rd respondent dated 07.10.2024 is set aside.
(ii)The prisoner, namely, Veeradurai, S/o Rajagopal, Convict No.15872, who is confined in Central Prison, Cuddalore is granted 21 days ordinary leave without escort.
(iii)The leave shall commence from 29.11.2024 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 19.12.2024.
(iv)The prisoner shall appear before the Rishivanthiyam Police Station, Villupuram District twice in 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/no (S.M.S.,J.) (M.J.R.,J.) 25.11.2024 ss To
1. The Director General of Prison
Chennai District 600 008
2. The Deputy Director General of Prison Chennai District 600 008
3. The Superintendent of Prison Central Prison, Cuddalore Cuddalore District
4. The Inspector of Police Rishivanthiyam Police Station Villupuram District
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 25.11.2024