Chellapangi v. The Deputy Inspector 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 Chellapangi W/o Duraisamy ..
Petitioner v.
1. The Deputy Inspector General of Prison Vellore Range Vellore 632 002
2. The Superintendent of Prisons Central Prison Cuddalore-4 ..
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 No.16826/Tha.Ku.2/2024 dated 04.11.2024 passed by respondent No.2 and quash the same and consequently direct the respondents to grant 30 days ordinary leave to the petitioner's husband Duraisamy, S/o Chinnathambi, aged 72 years, (PID No.371184), Convict Prisoner No.17011, now confined
in the Central Prison, Cuddalore.
For Petitioner ::
Mr.P.Pugalenthi For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of rejection rejecting the leave application for grant of ordinary leave is under challenge in the present writ proceedings.
2. Heard both sides.
3. The prisoner is in actual imprisonment for more than three years and therefore he is eligible to avail ordinary leave for 21 days. The prison authorities have stated that there is no misconduct on the part of the prisoner inside the prison during his imprisonment. Taking note of the fact that the pendency of appeal alone is taken as a ground for rejecting the leave application, we are inclined to pass the following order:-
(i) The impugned order passed by the 2nd respondent dated 04.11.2024 is set aside.
(ii)The prisoner, namely, Duraisamy, S/o Chinnathambi, aged about 72 years, Convict No.17011, 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 second respondent by 5.30 P.M., on 19.12.2024.
(iv)The prisoner shall appear before the Virudhachalam Police Station, Cuddalore 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 Deputy Inspector General of Prison Vellore Range Vellore 632 002
2. The Superintendent of Prison Central Prison Cuddalore-4
3. The Inspector of Police Virudhachalam Police Station Cuddalore District
4. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 25.11.2024