Latha v. The State Rep by Its

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This Writ Petition has been filed to quash the proceedings No.705442/Thaku2/2025, dated 12.02.2025 passed by the second respondent and to direct the respondents to grant ordinary leave for 30 days, without escort to the detenue, Pushparaj S/o.Paramasivam aged about 48 years bearing convict No.7913 (PID 233717), confined at Central prison-1, puzhal on the ground that the petitioner was suffering from liver jaundice and was advised by the doctor to undergo surgery.

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

¶3Today, the learned counsel for the petitioner submitted that the petitioner had passed away on 08.03.2025 and the death ceremony rituals are going to be conducted on 17.03.2025 and 18.03.2025, for which the presence of the convict prisoner is required to perform the rituals and to make arrangements for the same.

¶4The learned Additional Public Prosecutor, on instructions, submitted that the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true. He would submit that the prisoner was granted 1 day emergency leave on 08.03.2025 and that the prisoner is eligible for 21 days of leave.

¶5Taking into account that the petitioner had passed away and the death ceremony rituals are going to be conducted on 17.03.2025 and

18.03.2025, we are inclined to grant leave for a period of 10 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the detenue viz., Pushparaj S/o.Paramasivam aged about 48 years bearing convict No.7913 (PID 233717), confined at Central prison-1, puzhal, is hereby granted leave for a period of 10 days, without escort, commencing from 10.00 am on 14.03.2025 to 5 pm of

23.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, J5 Sastri Nagar Police Station, Chennai daily at 05.00 p.m, except on 17.03.2025 and 18.03.2025. 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]

12.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 13.03.2025 Upload the order copy forthwith To

1.The Deputy Inspector General Of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008

2.The Superintendent Puzhal Central Prison-1, Puzhal-600 066

¶3The Inspector of Police, J5 Sastri Nagar Police Station, Chennai

4.The Public Prosecutor, High Court, Madras. W.P.No.8140oofo2025 M.S.RAMESH,oJ. and N.SENTHILKUMAR,oJ. Anu W.P.No.8140oofo2025 andoW.M.P.No.9112oofo2025

12.03.2025 Pageo6oofo6

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 and W.M.P.No.9112 of 2025 LATHA ...Petitioner/wife of the detenue Vs. 1. The State Rep By Its The Deputy Inspector General Of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008 2.The Superintendent Puzhal Central Prison-1, 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 connected with impugned order dated 12.02.2025 in proceedings No.705442/Thaku2/2025 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 30 days, without escort to the detenue, Pushparaj S/o.Paramasivam aged about 48 years bearing convict No.7913 (PID 233717), confined at Central prison-1, puzhal. For Petitioner : Ms.S.Sadhana For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John