Thirumani Kumar 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 Thirumani Kumar S/o Karuvelamuthu ..

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, calling for the records in the order date on 05.11.2024 bearing No.374440/tha.ku.2/2024 passed by respondent No.2 and quashing the same and directing the respondents to grant 28 days ordinary leave without escort, instead of with escort, for the petitioner's brother, namely, Jayaraman, S/o Karuvelamuthu, aged about 36 years, Convict Prisoner, Convict No.7377, 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.) In the impugned order, the prisoner has been sanctioned ordinary leave for 28 days with escort. The learned counsel for petitioner would submit that on earlier occasion, the prisoner availed ordinary leave without escort and more so, he is in actual imprisonment for about six years and one month.

2. In view of the fact that the prisoner was granted ordinary leave without escort on earlier occasion and he surrendered himself before the jail authorities on expiry of leave and now the Probation Officer has also recommended the case of the prisoner for grant of ordinary leave, we are inclined to consider the present writ petition and pass the following order:- (i) The impugned order passed by the 2nd respondent dated 05.11.2024 granting ordinary leave for 28 days with escort, stands modified to the extent that the prisoner, namely, Jayaraman, S/o Karuvelamuthu, aged

about 36 years, Convict Prisoner No.7377, who is confined in Central Prison-I, Puzhal, Chennai is granted 28 days ordinary leave without escort.

(ii)The leave shall commence from 25.12.2024 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 21.01.2025.

(iii)The prisoner shall appear before the Eral Police Station, Thoothukudi District twice in a week i.e., on every Monday and Thursday at 10.30 A.M., during the period of leave.

The writ petition stands allowed on the above terms. Consequently, W.M.P.No.40697 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

Eral Police Station Thoothukudi District

4. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 19.12.2024