M.Manokaran (Aged 38 Years) v. The Deputy Inspector General of Prisons

ORDER (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 27.01.2025, rejecting the representation of the petitioner/convict prisoner dated 20.01.2025.

¶2The reason assigned in the impugned order for rejecting the convict prisoner's request for grant of ordinary leave to him is that since he was convicted for the offence under NDPS Act, he is not eligible for ordinary leave as per Rule 21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982.

¶3The learned counsel for the petitioner submitted that the petitioner/convict prisoner has sought for ordinary leave since his mother has to undergo eye surgery for which purpose he needs to arrange funds and also to arrange educational expenses of his daughter.

¶4The learned Additional Public Prosecutor has produced the particulars of the life convict dated 12.02.2025, as well as the report of the Probation Officer dated 05.02.2025. The Probation Officer in his report has stated that the reason assigned by the petitioner/convict prisoner in his representation is true.

¶5The Hon'ble Supreme Court, in the case of 'Dadu Alias Tulsidas Vs. State of Maharashtra' reported in '(2000) 8 Supreme Court Cases 437' , held that Section 32-A of NDPS Act would not affect the powers of the authorities to grant parole. Considering the aforesaid decision, a Co-ordinate Bench of this Court, in W.P.No.22285 of 2023, had granted leave to the convict prisoner in exercise of powers under Article 226 of the Constitution of India.

¶6In view of the aforesaid decisions of the Hon'ble Supreme Court, as well as of this Court and that the Probation Officer in his report has stated the reason of the petitioner as genuine, we are inclined to grant 21 days ordinary leave to the petitioner/convict prisoner.

¶7Accordingly, the impugned order dated 27.01.2025 passed in No.665980/tha.ku.2/2025 by the second respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 21 days ordinary leave "without escort" to the petitioner/convict prisoner namely Manokaran, S/o.Mayazhagu, Convict No.10049, confined at Central Prison, Puzhal, commencing from 01.04.2025 to 21.04.2025, with a condition that the convict prisoner shall report before the jurisdictional Police i.e. D3 Koodal Pudur Police Station, Anaiyur, Madurai, daily at

10.30 A.M. After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 21.04.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

¶8With the above direction, the Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.]

17.03.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 28.03.2025. To

1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai – 600 066.

3.The Inspector of Police, D3 Koodal Pudur Police Station, Anaiyur, Madurai.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

N. SENTHILKUMAR, J. Sni

17.03.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.5081 of 2025 M.Manokaran ... Petitioner Vs. 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008. 2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai – 600 066. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order dated 27.01.2025 bearing No.665980/tha.ku.2/2025 passed by the respondent No.2 and quashing the same and directing the respondents to grant ordinary leave for 28 days without escort to the petitioner namely Manokaran, S/o.Mayazhagu, convict prisoner, convict No.10049, Central Prison, Puzhal. For Petitioner : Mrs.S.Nadhiya For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John