K.Kalaiselvi v. The Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN K.Kalaiselvai ..
Petitioner v.
1. The Inspector General of Prisons Vellore Range Vellore-2
2. The Superintendent of Prison Central Prison, Cuddalore ..
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.15563/Tha.Ku.2/2024 dated 10.10.2024 passed by 2nd respondent and quash the same and consequently direct the respondents to grant 15 days ordinary leave to the petitioner's husband Mr.Kalaiyarasan, S/o Periyal, aged 40 years, life convict, Convict No.17531 (PID No.174032), Central Prison, Cuddalore.
For Petitioner ::
Mr.K.Raveendran For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor O RDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of rejection of leave application dated 10.10.2024 is under challenge in the present writ proceedings.
2. The learned Additional Public Prosecutor would submit that the Probation Officer submitted a report raising objection for grant of leave mainly on the ground that the friends of the prisoner, one Yuvan and Agilan have threatened the mother of the deceased and other witnesses. They are important witnesses in the criminal case and in this regard, a complaint was filed before the police station. Therefore, in the event of grant of leave to this prisoner, there is a likelihood of law and order issue in the locality. Pertinently, the prisoner is in actual imprisonment for about one year and nine days. Therefore, he is not eligible to avail the ordinary leave under the Tamil Nadu Suspension of Sentence Rules.
3. Considering the report of the Probation Officer, we are not inclined to consider the present writ petition and consequently, the writ petition stands dismissed. No costs.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 29.11.2024 ss To
1. The Inspector General of Prisons Vellore Range Vellore-2
2. The Superintendent of Prison Central Prison, Cuddalore
3. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 29.11.2024