Amudha v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Mrs.Amudha W/o S.Oodhas ..

Petitioner v.

1. The Deputy Inspector General of Prisons Chennai Range Prison Headquarters Whannels Road Egmore, Chennai 600 008

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

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 connected with impugned order dated 06.11.2024 passed by the second respondent and quash the same directing the respondents 1 and 2 to grant ordinary leave for 21 days without escort to the detenu Mr.S.Oodhas, Convict No.8273, confined at Central Prison-I, Puzhal, Chennai 600 066.

For Petitioner ::

Mr.N.Vishnuvardhan 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 by the second respondent in proceeding dated 06.11.2024 is sought to be assailed in the present writ proceedings.

2. The prisoner is in actual imprisonment for about four years. The learned Additional Public Prosecutor would submit that the conduct of the prisoner inside the prison is found to be satisfactory. The Probation Officer also has recommended the case of the prisoner for grant of ordinary leave. The reason stated in the leave application is also found to be correct and taking note of the facts and circumstances, we are inclined to consider the present writ petition and pass the following order:- (i) The impugned order passed by the 2nd respondent dated 06.11.2024 is set aside.

(ii)The prisoner, namely, S.Oodhas, S/o Samuvel, Convict No.8273, who

is confined in Central Prison-I, Puzhal, Chennai is granted ordinary leave for 21 days without escort.

(iii)The leave shall commence from 23.12.2024 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 12.01.2025.

(iv)The prisoner shall appear before the H-3, Tondiarpet Police Station, Chennai on every Tuesday at 10.30 A.M., during the period of leave. The writ petition stands allowed on the above terms. Consequently, W.M.P.No.40644 of 2024 is closed. No costs.

Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 19.12.2024 ss To

1. The Deputy Inspector General of Prisons Chennai Range Prison Headquarters Whannels Road Egmore Chennai 600 008

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

3. The Inspector of Police

H-3, Tondiarpet Police Station Chennai

4. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 19.12.2024