Shalini v. The Home Secretary

ORDER

M.S.RAMESH, J. AND N.SENTHILKUMAR

, J.

This Writ Petition has been filed for issuance of of Writ of Mandamus, directing the 3rd respondent to grant 28 days ordinary leave without escort, to the petitioner's father Perumal, S/o.Raja Goundar (PID 4359) confined at Central Prison, Salem.

¶2The learned counsel for the petitioner submitted that the petitioner is the younger daughter of the convict prisoner. The petitioner's marriage has been fixed by the family elders and it is scheduled to be held on 02.03.2025. As the petitioner's mother is no more, the prisoner, who is the father of the petitioner and the only person who can solemnize and perform the wedding rituals as per their customs, at the same time, he should also make financial arrangements for the said wedding, a representation was sent on 20.01.2025 seeking grant of 28 days ordinary leave for attending the marriage function, since no response has been forthcoming from the respondents, the present petition has been filed before this Court.

¶3Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 05.02.2025, wherein the probation officer has recommended for the ordinary leave and has also stated that the reason given in the petitioner's representation dated 20.01.2025 is genuine and the petitioner is getting married to her relative on 02.03.2025.

¶4Since the Probation Officer has recommended for grant of ordinary leave to the convict prisoner and has stated that the reason for seeking ordinary leave to the prisoner is genuine, we are inclined to grant 15 days leave to the convict prisoner.

¶5This Writ Petition stands allowed accordingly. There shall be a direction to the respondents herein, to grant 15 days ordinary leave "without escort" to the life convict viz. Perumal, S/o.Raja Gounar, Life Convict PID No.4359, commencing from 27.02.2025 to 13.03.2025, with a condition that the life convict shall report before the Karuppur Police Station, daily at 10.30 a.m expect on 02.03.2025 and 03.03.2025. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 14.03.2025 before 10.00 a.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.

¶6With the above direction, the Writ Petition stands allowed. No costs.

[M.S.R, J.] [N.S, J.]

24.02.2025 Index : Yes / No kas Note: Issue Order Copy on 26.02.2025 To.

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009

2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore

3.The Superintendent of Prison Central Prison Salem

4.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. kas

24.02.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Shalini ... Petitioner Vs. 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Coimbatore Zone Coimbatore 3.The Superintendent of Prison Central Prison Salem ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 3rd respondent to grant 28 days ordinary leave without escort, to the petitioner's father Perumal, S/o.Raja Goundar (PID 4359) confined at Central Prison, Salem. For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John