Amirthavalli v. The State Rep by Its

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records connected with impugned order in Proceeding No. 396928 /Tha.Ku.2/ 2024 dated 18.12.2024 passed by the Second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue, Karthick S/o. Sukumar aged about 38 years bearing Convict No.6868 (PID 57101) confined at Central prison, Puzhal I.

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

¶3The petitioner herein seeks for grant of 28 days of ordinary leave for her husband, without escort, on the ground that the petitioner has certain medical ailments and she requires the presence of his husband for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 10 years, 9 months and 25 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 28.10.2024 in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.

¶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 convict viz., Karthick, S/o.Sukumar, aged about 38 years, Convict No.6868 (PID – 57101), 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 02.05.2025 to 05.00 p.m of 29.05.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, H8 Tiruvottiyur Police Station, Chennai, 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 is disposed of. No costs. (M.S.RAMESH J.) (N.SENTHILKUMAR J.) 25-04-2025 ASI Note: Issue order copy on or before 30.04.2025 To

1.The State Rep By Its The Deputy Inspector General Of Prison, Gandhi Irwin Road, Egmore, Chennai-08.

2.The Superintendent Puzhal Central Prison-I, Puzhal-066.

3.The Inspector of Police, H8 Tiruvottiyur Police Station, Chennai. M.S.RAMESH J. AND N.SENTHILKUMAR J. ASI

25-04-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-04-2025 CORAM THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR AMIRTHAVALLI W/o. Karthick, No.199, Patinathar Kovil Theru, 4th Street, Tiruvottiyur, Chennai-19 Petitioner(s) Vs 1. The State Rep By Its The Deputy Inspector General Of Prison, Gandhi Irwin Road, Egmore, Chennai-08. 2.The Superintendent Puzhal Central Prison- I, Puzhal- 066. Respondent(s) PRAYER To call for the records connected with Impugned order in Proceeding No. 396928 /Tha.Ku.2/ 2024 dated 18.12.2024 passed by the Second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue, Karthick S/o. Sukumar aged about 38 years bearing Convict No.6868 (PID 57101) confined at Central prison, Puzhal I. For Petitioner(s): M/s.S.Sadhana For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John