Robin @ Robinson v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Robin @ Robinson ... Petitioner Vs.

1.The State by:

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai - 600 066.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, Calling for the records in the order date on 06.07.2024 bearing No.164426/tha.ku.2/2024 passed by respondent no.3 and quashing the same and directing the respondents to grant 40 days ordinary leave to the petitioner namely Robin @ Robinson S/o.Samuvel aged 54 years Convict No.4102, Convict Prisoner, Central Prison, Puzhal. For Petitioner : Mrs.S.Nadhiya 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 is under challenge in the present writ petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The Convict Prisoner is in actual imprisonment for about 17 years. The reason stated in the order impugned is that the Convict Prisoner has not completed one year from the date of availing Ordinary Leave on earlier occasion. However,

we found that the Convict Prisoner is in actual imprisonment for 17 years and his conduct is found to be satisfactory. The Probation Officer recommended the case of the Convict Prisoner for grant of Ordinary Leave.

4. Considering the fact that the Convict prisoner is in actual imprisonment for 17 years and there is no adverse conduct noticed by the Probation Officer, we are inclined to consider the present petition. Consequently, the impugned order passed by the Superintendent of Prisons / 3rd respondent bearing No.164426/tha.ku.2/2024 dated 06.07.2024 is quashed and permit the petitioner to avail Forty (40) days Ordinary Leave without escort, on the following conditions; (1)The respondents are directed to release the Convict Prisoner viz., Robin @ Robinson, S/o.Samuvel, aged about 54 years bearing Convict No.4102, confined at Central Prison, Puzhal on Ordinary Leave for a period of Forty (40) days without escort commencing from 23.12.2024. (2)The Convict Prisoner shall be released on 23.12.2024 at 10.00 A.M. and surrender before the Superintendent of Prisons, Central Prison, Puzhal, Chennai, on 31.01.2025 at 05.00 P.M.

(3)The Convict Prisoner shall appear before the Inspector of Police, V-5,

Thirumangalam Police Station, Chennai, twice in a week i.e., on every Monday and Thursday at 11.00 A.M, during the period of leave.

(4) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.

(5)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.

6. With the above directions, this Writ Petition stands allowed. No costs. [S.M.S., J.] [M.J.R., J.] 16.12.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No kak To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Deputy Inspector General of Prisons,

Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai - 600 066.

4.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN , J.

kak 16.12.2024