Venkatesan v. The Additional Director General Of Prisons

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 Venkatesan ... Petitioner Vs.

1. The Additional Director General of Prisons, Egmore, Chennai 600 008.

2. The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to release Pakkiri @ Pakkirisami (Convict Prisoner No.17005) S/o. Samykannu on parole for a period of 30 days.

For Petitioner : Mr. T.Vijay For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to grant 30 days Ordinary Leave to the convict prisoner,namely, Pakkiri @ Pakkirisami S/o. Samykannu.

2. The Probation Officer's report dated 18.12.2024 reveals that the reason stated in the application is correct and accordingly recommended the case of the convict prisoner for grant of Ordinary Leave as per the Rules.

3. Since the Probation Officer has recommended the case of the convict prisoner, we are inclined to grant Ordinary Leave to the convict prisoner.

4. Accordingly, the convict prisoner viz., Pakkiri @ Pakkirisami S/o. Samykannu. Convict Prisoner No.17005, aged 63 years, confined at Central Prison, Cuddalore, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 19.12.2024 on the following conditions:- (i) Respondents are directed to release the Convict Prisoner viz., Pakkiri @ Pakkirisami S/o. Samykannu. Convict Prisoner No.17005, aged 63 years, confined at Central Prison,

Cuddalore, on Ordinary Leave for a period of 21 days i.e., from 19.12.2024 to 08.01.2025.

(ii) The Convict Prisoner shall be released on 19.12.2024 at 10.00 am and surrender before the Central Prison, Cuddalore, on 08.01.2025 at 05.00 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police,Thirunavallur Police Station, Villupuram District, 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. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [M.J.R., J.] 18.12.2024 Index: Yes/No Speaking/Non-speaking order mrp Note : Issue order copy today

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mrp To

1. The Additional Director General of Prisons, Egmore, Chennai 600 008.

2. The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore 3.The Public Prosecutor, High Court of Madras.

18.12.2024