S.Maheshwari v. The State Of Tamilnadu
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 S.Maheshwari ..
Petitioner v.
1. The State of Tamil Nadu rep by the Principal Secretary to Government Home (Prison IV) Department Secretariat, Fort St.George Chennai 600 009
2. The Additional Director General of Police (Prisons) Gandhi Irwin Road, Egmore Chennai
3. The Superintendent of Prison Puzhal Prison, Chennai ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st and 3rd respondents to grant leave for 10 days to petitioner's son, namely, Manikandan for the purpose of to resolve family disputes and school admission based on petitioner's representation dated 10.12.2024.
For Petitioner ::
Mr.R.Venkatesh For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The prisoner is in actual imprisonment for four years and two months. The representation made by the petitioner seeking to grant 10 days ordinary leave to the prisoner has not been considered by the prison authorities. Thus the present writ petition came to be instituted.
2. Considering the fact that the Probation Officer has recommended the case of the prisoner and his conduct inside the prison is found to be satisfactory, we are inclined to pass the following order:- (i) The prisoner, namely, Manikandan, S/o Sakkarai, Convict No.9370 (PID No.285677), is granted ten days ordinary leave without escort. (ii)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 09.02.2025.
(iii)The prisoner shall appear before the K-4, Anna Nagar Police Station,
Chennai on 03.02.2025 and 06.02.2025 at 11.00 A.M. during the period of leave.
The writ petition stands allowed on the above terms. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 27.01.2025 ss To
1. The Principal Secretary to Government Home (Prison IV) Department Secretariat, Fort St.George Chennai 600 009
2. The Additional Director General of Police (Prisons) Gandhi Irwin Road, Egmore Chennai
3. The Superintendent of Prison Puzhal Prison, Chennai
4. The Inspector of Police K-4, Anna Nagar Police Station Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 27.01.2025