S.Santhi v. The Deputy Inspector General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN S.Santhi ..
Petitioner v.
1. The Deputy Inspector General of Prison Prisons and Correctional Service Vellore Range, Vellore 632 002
2. The Superintendent of Prisons Central Prison Vellore 632 002 ..
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.18050/Tha.Ku.2/2024 dated 28.11.2024 passed by respondent No.2 and quash the same and consequently direct the respondents to grant 21 days ordinary leave to the petitioner's son Purushothaman, S/o Selvaraj, Ct. No.16475 (PID No.54345), now confined in the Central Prison, Cuddalore. For Petitioner ::
Mr.P.Pugalenthi 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 on the ground that Special Leave Petition is pending, is sought to be assailed in the present writ proceedings. The prisoner is in actual imprisonment for about six years. Since the prisoner has not availed leave on earlier occasion, the Probation Officer has not recommended. The Probation Officer further found that the reason stated in the leave application that the mother of the prisoner is sick, is incorrect.
2. This Court is of the considered opinion that the prisoner is in actual imprisonment for six years and there is no adverse conduct noticed inside the prison. In view of the facts and circumstances, we are inclined to pass the following order:- (i) The impugned order passed by the 2nd respondent dated 28.11.2024 is set aside.
(ii)The prisoner, namely, Purushothaman, S/o Selvaraj, Convict No.16475 (PID No.54345), is granted 21 days ordinary leave without
escort.
(iii)The leave shall commence from 24.01.2025 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 13.02.2025.
(iv)The prisoner shall appear before the Karuveppilankurichi Police Station, Cuddalore District daily at 11.00 A.M. during the period of leave.
The writ petition stands allowed on the above terms. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 21.01.2025 ss To
1. The Deputy Inspector General of Prison Prisons and Correctional Service Vellore Range, Vellore 632 002
2. The Superintendent of Prisons Central Prison Vellore 632 002
3. The Inspector of Police Karuveppilankurichi Police Station Cuddalore District
4. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 21.01.2025