Katchiya v. The Director General Of Police And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Katchiya ... Petitioner Vs.
1. The Director General Of Police & Director General Of Prisons And Correctional Service, Whannels Road , Egmore Chennai-08 2 The Superintendent Of Prisons Central Prison-1, Puzhal Chennai-600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, in the order dated 25.11.2024 bearing No.330014/ tha.ku.2/ 2024 passed by respondent no.2 and quashing the same and directing the respondents to grant 21 days ordinary leave by without escort instead of with escort for the petitioners husband namely Anthony S/o.Nagooran, aged about 57 years, Convict No.8274, 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 respondents granted ordinary leave for 21 days to the prisoner with escort. Thus, the present writ petition came to be instituted.
2. The learned counsel for the petitioner would submit that the prisoner is in actual imprisonment for about 3 years and on previous occasion, he availed ordinary leave without escort.
3. We have gone through the report of the Probation Officer, which reveals that the case of the prisoner was recommended for grant of ordinary leave.
4. Accordingly, the impugned order granting leave issued by the 2nd respondent stands modified to the extent that the ordinary leave of 21 days is granted without escort and the convict prisoner viz., Anthony S/o.Nagooran, Convict Prisoner No.8274, aged 57 years, confined at Central Prison, Puzhal, Chennai, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 24.12.2024 on the following conditions:-
(i) Respondents are directed to release the Convict Prisoner viz., Anthony S/o.Nagooran, Convict Prisoner No.8274, aged 57 years, confined at Central Prison, Puzhal, Chennai, , on Ordinary Leave for a period of 21 days i.e., from 24.12.2024 to 13.01.2025.
(ii) The Convict Prisoner shall be released on 24.12.2024 at 10.00 am and surrender before the Central Prison, Puzhal, Chennai, on 13.01.2025 at 05.00 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police,S-14 Peerkankaranai Police Station, Chennai , twice in a week, i.e., 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. No Costs. [S.M.S., J.] [M.J.R., J.] 18.12.2024 Index: Yes/No Speaking/Non-speaking order mrp
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
mrp To
1. The Director General Of Police & Director General Of Prisons And Correctional Service, Whannels Road , Egmore Chennai-08 2 The Superintendent Of Prisons Central Prison-1, Puzhal Chennai-600 066.
3.The Public Prosecutor, High Court of Madras.
18.12.2024