Rajeshwari v. The State Represented by Its

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This writ petition has been filed to call for the records pertaining to the Impugned order bearing No. 649013 / Tha. Ku. 2 / 2025 dated

07.02.2025, passed by the 3rd respondent and quash the same and consecutively, direct the respondents to grant ordinary leave for 30 days, without escort to the detenue, Rahuman S/o Zakir Hussain, aged about 35 years, Convict No.5249, confined at central Prison, Puzhal -I.

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

¶3The petitioner herein seeks for grant of 30 days of ordinary leave for her husband, without escort, on the ground that the petitioner has certain medical ailments and she requires her husband for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 8 years, 1 month and 21 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 19.02.2025, 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 prisoner is eligible for 28 days of ordinary leave.

¶5Considering the fact that the Probation Officer has recommended for grant of leave, 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 impugned order bearing No. 649013 / Tha. Ku. 2 / 2025 dated 07.02.2025 passed by the 3rd respondent is quashed and the detenue viz., Rahuman S/o Zakir Hussain, aged about 35 years, Convict No.5249, confined at central Prison, Puzhal -I, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from

10.00 am on 27.03.2025 to 5 pm of 23.04.2025. 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, Ennore 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]

19.03.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 26.03.2025 Upload the order copy forthwith To

1.The Secretary To Government Of Tamil Nadu, Home (prison IV) Department, Fort St. George Chennai 600 009

2.The Deputy Inspector Of General Of Prison Chennai Range, Chennai 600 008

3.The Superintendent Central Prison, Puzhal - 600 066

4.The Inspector of Police, Ennore Police Station.

5.The Public Prosecutor, High Court, Madras. W.P.No.6857oofo2025 M.S.RAMESH,oJ. and N.SENTHILKUMAR,oJ. Anu W.P.No.6857oofo2025 andoW.M.P.No.7546oofo2025

19.03.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.7546 of 2025 RAJESHWARI ...Petitioner/ wife of the detenue Vs. 1. The State Represented By Its The Secretary To Government Of Tamil Nadu, Home (prison IV) Department, Fort St. George Chennai 600 009 2.The Deputy Inspector Of General Of Prison Chennai Range, Chennai 600 008 3.The Superintendent Central Prison, Puzhal - 600 066 ... 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 pertaining to the Impugned order bearing No. 649013 / Tha. Ku. 2 / 2025 dated 07.02.2025, passed by the 3rd respondent and quash the same and consecutively, direct the respondents to grant ordinary leave for 30 days, without escort to the detenue, Rahuman S/o Zakir Hussain, aged about 35 years, Convict No.5249, confined at central Prison, Puzhal -I. For Petitioner : Ms.K.Akshaya For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John