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Madras High CourtWP Crl.(MD)/1627/2025allowed

Chokkan @ Anandan v. The State Of Tamil Nadu, Rep. By Its Principal Secretary To Government,

2025-12-05Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Chokkan @ Anandan ... Petitioner -vs1. The State of Tamil Nadu Rep. by its Principal Secretary to Government Home, Prohibition and Excise (Prison-IV) Department, Fort St. George, Chennai- 600 009.

2. The Director General of Prisons and Correctional Services Tamil Nadu Prisons Head Quarters Whannels Road, Egmore Chennai- 600 008

3. The Deputy Inspector General of Prisons Madurai Range, Central Prison Campus Madurai- 625 016

4. The Superintendent of Prison Central Prison Madurai District 625 016

5. The Inspector of Police Paramakudi Town Police Station, Ramanathapuram 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 third respondent vide his impugned proceedings in No.846/Vu.Tha.2/2025 dated 14.08.2025 and quash the same as illegal and void, consequently grant 40 days ordinary leave without police escort to the writ petitioner Chokkan @ Anandan, S/o. Shanmugam Chettiyar, now confined at Central Prison, Madurai forthwith considering the representation dated 28.07.2025.

For Petitioner :

Mr.C,Karthikeyan For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The prayer in the Writ Petition is to set aside the impugned order passed by the third respondent vide his impugned proceedings in No.846/Vu.Tha. 2/2025 dated 14.08.2025 and grant 40 days ordinary leave without police escort to the writ petitioner namely Chokkan @ Anandan, S/o. Shanmugam Chettiyar, now confined at Central Prison, Madurai forthwith considering the representation dated 28.07.2025.

2. The petitioner had been convicted in S.C. No.264 of 2005 by the learned Additional District and Sessions Judge, Fast Track Court No.III,

Coimbatore by judgment dated 31.03.2006 for offences punishable under sections 458 and 396 of IPC and sentenced to undergo life imprisonment.

3. It is contended on behalf of the respondents that the convict prisoner has availed leave on several earlier occasions. The reason now sought for grant of leave is that the convict prisoner is suffering from heart problem and requires treatment in a private hospital. It is also stated that he is maintaining good conduct in the prison. It is further stated that he had been granted leave on several occasions and he always surrendered on the stipulated day.

4. On perusal of the records it is seen that on an earlier occasion also leave had been granted without escort.

5. Taking into consideration all the facts and circumstances the impugned order passed by the third respondent dated 14.08.2025 is set aside and the writ petition is allowed. The convict prisoner namely Chokkan @ Anandan, S/o. Shanmugam Chettiyar(PID No.562, C.P.No.5247) is granted ordinary leave for a period of 30 days effective from 20.12.2025 at 10.00 a.m., till 18.01.2026 @ 5.00 pm., During the interregnum period the convict prisoner shall report before the Inspector of Police, Paramakudi Town Police Station

daily at 10.30 am., without fail. Further during the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. [G.K.I., J.] [R.P., J.] 05.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1. The State of Tamil Nadu Rep. by its Principal Secretary to Government Home, Prohibition and Excise (Prison-IV) Department, Fort St. George, Chennai- 600 009.

2. The Director General of Prisons and Correctional Services Tamil Nadu Prisons Head Quarters Whannels Road, Egmore Chennai- 600 008

3. The Deputy Inspector General of Prisons Madurai Range, Central Prison Campus Madurai- 625 016

4. The Superintendent of Prison Central Prison Madurai District 625 016

5. The Inspector of Police Paramakudi Town Police Station, Ramanathapuram District

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Inspector of Police Paramakudi Town Police Station Paramakudi

G.K.ILANTHIRAIYAN , J.

AND R.POORNIMA, J.

aav 05.12.2025