Rajendran v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN WMP.No.42781 of 2024 Rajendran ... Petitioner Vs.
1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records connected with impugned order dated 28.11.2024 in proceedings No.476680/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 40 days without escort to the detenue Parthiban s/o.Rajendran aged about 38 years bearing convict No.6948 confined at Central Prison-I, Puzhal. For Petitioner : Ms.S.Sadhana For Respondents : Mr.R.Muniapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of rejection rejecting the leave application submitted by the prisoner is under challenge in the present writ proceedings.
2. The reasons stated in the impugned order is that the prisoner was convicted under Section 392 IPC and therefore he is not eligible to avail the benefit of ordinary leave under suspension of sentence rules. The prisoner is in actual imprisonment for about 6 years and 11 months, his conduct inside the prison is found to be satisfactory by the prison authorities.
3. Therefore, we are inclined to consider the present writ petition. The impugned order stands quashed and the prisoner is granted ordinary leave for 28 days without escort commencing from 10.01.2025 to 06.02.2025.
4. Accordingly, the convict prisoner viz., Mr.Parthiban s/o.Rajendran (CT.No.6948) now confined at Central Prison - I, Puzhal, Chennai is hereby granted ordinary leave for a period of 28 days, without escort commencing from 10.01.2025 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Mr.Parthiban s/o.Rajendran (CT.No.6948) now confined at Central Prison, Puzhal, Chennai on Ordinary Leave for a period of 28 days i.e., from 10.01.2025 to 06.02.2025. (ii) The Convict Prisoner shall be released on 10.01.2025 at 10.00 am and surrender before the Central Prison, Puzhal on 06.02.2025 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Thondi Police Station, Ramanathapuram twice a week 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 by quashing the impugned order bearing No.476680/Thaku2/2024 dated 28.11.2024 passed by the second respondent. No Costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [M.J.R., J.]
03.01.2025 Index: Yes/No Speaking/Non-speaking order tsh To 1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent, Puzhal Central Prison - I, Puzhal - 600 066.
3.The Inspector of Police, Thondi Police Station, Ramanathapuram.
4. The Public Prosecutor High Court of Madras.
S.M. SUBRAMANIAM, J.
AND M. JOTHIRAMAN, J.
tsh 03.01.2025