Devika v. The Deputy Inspector Generla of Prison,

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This writ petition has been filed to call for the records No.16845/ Tha.Ku.2/ 2024 dated 27.1.2025 passed by respondent No.2, and quash the same and consequently direct the respondents to grant 21 days ordinary leave to the petitioner's son, Murugan, S/o.Elumalai, aged 50 years (PID No.271705) Convict Prisoner No.16846 now confined in the Central Prison, Cuddalore.

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

¶3The petitioner herein seeks for grant of 21 days of ordinary leave, without escort, on the ground that the petitioner requires the presence of her son for arranging funds for her medical expenses and to renovate her house, which is in a dilapidated condition. Further, the detenue has undergone 4 years, 10 months and 9 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 12.02.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true. He would submit that the convict prisoner is eligible for 21 days of leave.

¶5Considering the fact that the Probation Officer has recommended for grant of leave and that the convict prisoner has not availed leave even once, we are inclined to grant ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the detenue viz., Murugan, S/o.Elumalai, aged 50 years (PID No.271705) Convict Prisoner No.16846, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from

10.00 am on 06.03.2025 to 5 pm of 26.03.2025. 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, Villupuram Taluk Police Station, 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 petition is closed. [M.S.R., J] [N.S., J]

27.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 05.03.2025 Upload the order copy forthwith To

¶1The Deputy Inspector Generla Of Prison, Vellore Range, Vellore-632 002.

2.The Superintendent Of Prisons, Central Prison, Cuddalore-4.

3.The Inspector of Police, Villupuram Taluk Police Station

4.The Public Prosecutor, High Court, Madras. W.P.No.4098oofo2025 M.S.RAMESH,oJ. and N.SENTHILKUMAR,oJ. Anu W.P.No.4098oofo2025 andoW.M.P.No.4601oofo2025

27.02.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.4601 of 2025 DEVIKA ...Petitioner/ mother the detenue Vs. 1. The Deputy Inspector Generla Of Prison, Vellore Range, Vellore-632 002. 2.The Superintendent Of Prisons, Central Prison, Cuddalore-4. ... 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 records No.16845/ Tha.Ku.2/ 2024 dated 27.1.2025 passed by respondent No.2, and quash the same and consequently direct the respondents to grant 21 days ordinary leave to the petitioner's son, Murugan, S/o.Elumalai, aged 50 years (PID No.271705) Convict Prisoner No.16846 now confined in the Central Prison, Cuddalore. For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John