P.Mayilan v. The Secretary to Government

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This writ petition has been filed to call for the entire records relating to the impugned order passed by the third respondent in his proceedings CP-CBE/655/2024-R3/I/13328/2024, dated 06.05.2024 and quash the same and consequently, direct the respondents to grant 30 days parole to the petitioner's son namely, Murugesan @ Prakash (Old C.T.No.17181, New No.531714) detained in Central Jail, Coimbatore.

¶2Heard the learned counsel on either side and perused the documents.

¶3The petitioner herein seeks for grant of 30 days of leave for his son, without escort, on the ground that since the petitioner's daughter in law has certain medical ailments and is mentally unstable, the petitioner requires the presence of the detenue to make arrangements for the medical expenses of the detenue's wife.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 28.01.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.

¶5Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 5 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the detenue viz., Murugesan @ Prakash (Old C.T.No.17181, New No.531714), is hereby granted leave for a period of 5 days, without escort, commencing from 10.00 am on 28.02.2025 to 5 pm of 04.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Chithodu Police Station, Erode District, daily at 05.00 p.m. 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.

¶7Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. [M.S.R., J] [N.S., J]

20.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 27.02.2025 Upload the order copy forthwith To

1.The Secretary to Government, home Department, Fort St. George, Chennai-600 009.

2.The Director General of Prisons, Whannels Road, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Central Prison, Coimbatore-18.

¶4Inspector of Police, Chithodu Police Station, Erode District

5.The Public Prosecutor, High Court, Madras. W.P.No.1074oofo2025 M.S.RAMESH,oJ. and N.SENTHILKUMAR,oJ. Anu W.P.No.1074oofo2025 andoW.M.P.Nos.1316o&o1317oofo2025

20.02.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.Nos.1316 & 1317 of 2025 P.Mayilan ...Petitioner/father of the detenue Vs. 1.The Secretary to Government, home Department, Fort St. George, Chennai-600 009. 2.The Director General of Prisons, Whannels Road, Egmore, Chennai-600 008. 3.The Superintendent of Prison, Central Prison, Coimbatore-18. ... 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 entire records relating to the impugned order passed by the third respondent in his proceedings CP-CBE/655/2024-R3/I/13328/2024, dated 06.05.2024 and quash the same and consequently, direct the respondents to grant 30 days parole to the petitioner's son by name Murugesan @ Prakash (Old C.T.No.17181, New No.531714) detained in Central Jail, Coimbatore. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John