Shiyam v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Shiyam S/o Pasupathi ..

Petitioner v.

The State represented by its

1. The Secretary to Government of Tamil Nadu Prison Department-IV Fort St.George Chennai 600 009

2. The Deputy Inspector General of Prison Coimbatore Range Coimbatore Central Prison Coimbatore 641 018

3. The Superintendent Coimbatore Central Prison Coimbatore 641 018 ..

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 pertaining to the impugned order bearing No.21428/Tha.Ku3/2024 dated

26.11.2024 passed by the third respondent and quash the same and consecutively direct the respondents to grant emergency leave for 15 days without escort to the detenu, Pasupathi, S/o Palaniyappan, aged about 65 years, Convict No.24098, detained at Central Prison, Coimbatore. For Petitioner ::

Mr.L.Sarath Pandian for Dr.S.Manoharan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.137 of 2025 seeking to dispense with the production of original copy of impugned order stands ordered.

2. The rejection of leave application is under challenge. The learned counsel for petitioner submits that the application seeking emergency leave was submitted, which was not considered, which resulted in the filing of the present writ proceedings.

3. The Probation Officer in his report recommended the case of the prisoner for grant of emergency leave. The reason stated in the application

is also found to be correct. Thus we are inclined to pass the following order:- (i) The impugned order passed by the third respondent dated 26.11.2024 is set aside.

(ii)The prisoner, namely, Pasupathi, S/o Palaniyappan, Convict No.24098 (PID No.222411), is granted six days emergency leave without escort.

(iii)The leave shall commence from 31.01.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 05.02.2025.

(iv)The prisoner shall appear before the Velayuthampalayam Police Station, Karur District on 02.02.2025 and 04.02.2025 at 11.00 A.M. during the period of leave.

The writ petition stands allowed on the above terms. No costs. Index : yes (S.M.S.,J.) (M.J.R.,J.) 27.01.2025 ss To

1. The Secretary to Government of Tamil Nadu Prison Department-IV Fort St.George, Chennai 600 009

2. The Deputy Inspector General of Prison Coimbatore Range Coimbatore Central Prison Coimbatore 641 018

3. The Superintendent Coimbatore Central Prison Coimbatore 641 018

4. The Inspector of Police Velayuthampalayam Police Station Karur District

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025