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Madras High CourtWP(MD)/10483/2025allowed

Rajendran v. The Deputy Inspector General Of

2025-04-28Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No. 10483 of 2025 and W.M.P(MD)No. 7832 of 2025 Rajendran ... Petitioner -Vs1. The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2. The Superintendent of Prison, Central Prison, Trichy 620 020.

3. The Superintendent of Police, O/o. the Superintendent of Police, Coimbatore District,

4. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned

order passed by the 1st Respondent vide proceedings in Moo.Mu.No. 66/Mu.Vu/2025, dated.12.03.2025 and quash the same as illegal and consequently direct the respondents to grant 28 days ordinary leave without police escort to the petitioner, namely Rajendran S/o.Ganesan, Life Convict Prisoner, bearing Life Convict Prisoner No.24670, PID No.191185 confined at Central Prison, Trichy. For Petitioner : M/s.K.A.S. Prabhu For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The petitioner, a life convict confined at Central Prison, Trichy, was granted 28 days of ordinary leave after serving a sentence of 5 years and 8 months. The first respondent, the Deputy Inspector General of Prisons and Correctional Services, granted the ordinary leave for 28 days with an escort. The present Writ Petition has been filed to modify the order and dispense with the requirement of an escort.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the material documents available on record.

3. The learned counsel appearing for the petitioner submitted that the convict is currently working outside at a petrol bunk and that his conduct has been good. Therefore, it was requested that he be granted leave without an escort. He further submitted that his mother and wife are willing to stand as sureties to ensure his due compliance with the conditions of leave.

4. The Learned Additional Public Prosecutor appearing for the respondents submitted that, although the Probation Officer has not raised any serious objection to the grant of leave, the jurisdictional police have recorded their objections to granting leave. Therefore, it is necessary to permit the convict to avail leave only with an escort.

5. Taking note of the fact that the convict has been working outside the prison, no adverse remarks have been made regarding his conduct, and his mother and wife are willing to stand as sureties, the condition requiring the grant of leave with an escort is hereby modified.

6. Finally, this Court is passed the following orders:

1. This Writ Petition is allowed.

2. The convict shall be granted ordinary leave for 28 days without an escort.

3. The convict is directed to report daily at 10.30 a.m., before the Inspector of Police, Keeranoor Police Station, Pudukottai District, without fail.

4. No Costs. Consequently, connected miscellaneous petition is closed.

[G.J., J.] & [R.P., J.] 28.04.2025 NCC : Yes / No Index : Yes / No KSA Note :Issue a copy of order on 29.04.2025

To

1. The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2. The Superintendent of Prison, Central Prison, Trichy 620 020.

3. The Superintendent of Police, O/o. the Superintendent of Police, Coimbatore District,

4. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai District.

5. The Inspector of Police, Keeranoor Police Station, Pudukkottai District.

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

KSA W.P.(MD)No. 10483 of 2025 28.04.2025