Anjaalai v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP.No.37444 of 2024 Anjaalai ... Petitioner Vs.
1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore, Chennai - 600008.
2.The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
... 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 connected with impugned order dated 07.11.2024 in proceedings No.164421/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 30days without escort to the detenue Gunasekaran s/o.Raagu aged about 67 years bearing Convict No.7680 confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana
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 issued by the Superintendent of Prison dated 07.11.2024 in proceedings No.164421/Thaku2/2024 is sought to be assail in the present proceedings.
2. The learned counsel for the petitioner would submit that the wife of the prisoner is seriously ill and undergoing treatment. The prisoner is aged about 67 years and already in actual imprisonment for about 5 years and 3 months. The probation officer recommended the case of the prisoner for grant of ordinary leave.
3. Taking into account all the facts that the prisoner is in imprisonment for more than five years and not involved in any prison. We are inclined to grant ordinary leave to the prisoner for 21 days commencing from 02.12.2024 to 22.12.2024.
4. Accordingly, the convict prisoner viz., Mr.Gunasekaran s/o.Raagu aged about 67 years bearing convict No.7680 now confined at Central Prison,
Puzhal, Chennai is hereby granted ordinary leave for a period of 21 days, without escort commencing from 02.12.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Gunasekaran s/o.Raagu aged about 67 years bearing convict No.7680 now confined at Central Prison, Puzhal, Chennai on Ordinary Leave for a period of 21 days i.e., from 02.12.2024 to 22.12.2024.
(ii) The Convict Prisoner shall be released on 02.12.2024 at 10.00 am and surrender before the Central Prison, Puzhal on 22.12.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Choonambedu Police Station, 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.
5. Accordingly, the writ petition stands allowed by quashing the proceedings No.164421/Thaku2/2024 dated 07.11.2024 passed by the second respondent. No Costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.S., J.] [M.J.R., J.]
26.11.2024 Index: Yes/No Speaking/Non-speaking order tsh To 1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore, Chennai - 600008.
2.The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
3.The Inspector of Police, Choonambedu Police Station.
4. The Public Prosecutor High Court of Madras.
S.M. SUBRAMANIAM, J.
AND M. JOTHIRAMAN, J.
tsh 26.11.2024