Saravanan v. The State Rep by Its

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 14.12.2024 and grant leave for 30 days to the petitioner's father, the detenue, Sampath, son of Kannan, aged about 56 years, Convict No.36604, detained at Central prison, Vellore.

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

¶3The petitioner herein seeks for grant of 30 days of ordinary leave for his father, without escort, on the ground that the petitioner's mother is suffering from chest pain and the doctor has advised her to undergo surgery, for which she requires the presence of her husband for arranging funds for the treatment. Further, the detenue has undergone 16 years, 3 months and 3 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 11.03.2025, 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 prisoner is eligible for 28 days of ordinary leave.

¶5Considering the fact that the Probation Officer has recommended for grant of leave and that the convict prisoner has not availed ordinary leave even once, we are inclined to grant ordinary leave for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the detenue viz., Sampath, son of Kannan, aged about 56 years, Convict No.36604, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on

20.03.2025 to 5 pm of 16.04.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Kondapalayam 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. [M.S.R., J] [N.S., J]

12.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 19.03.2025 Upload the order copy forthwith To

1.Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Director General of Prisons, CMDA Towers, Egmore, Chennai-600 009.

3.The Superintendent, Central Prison, Vellore.

4.The Inspector of Police, Kondapalayam Police Station.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. Anu

12.03.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Saravanan ...Petitioner/ son of the detenue Vs. 1.The State rep. by its Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009. 2.The Director General of Prisons, CMDA Towers, Egmore, Chennai-600 009. 3.The Superintendent, Central Prison, Vellore. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 14.12.2024 and grant leave for 30 days to the petitioner's father, the detenue, Sampath, son of Kannan, aged about 56 years, Convict No.36604, detained at Central prison, Vellore. For Petitioner : Mr.B.Sundarapandiyan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John