T.Anathayi v. The Deputy Inspector General of Prisons

ORDER

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

, J.

This Writ Petition has been filed for issuance of Writ of Mandamus,

¶2Learned counsel for the petitioner submitted that the petitioner is the mother of the convict prisoner, a representation was sent to the respondents dated 24.01.2025 seeking for 21 days ordinary leave to her son, as she is suffering from medical ailments and their old house has to be renovated, which was considered by the jail authorities with escort. Hence the petitioner is before this Court with the above petition.

¶3Learned Additional Public Prosecutor submitted that the petitioner's representation was considered by the Deputy Inspector General of Prisons and Correctional Services, Vellore Range, Vellore, vide proceedings No.RO-VRL/190/2027-CAMP(A), dated 04.03.2025 for 28 days of ordinary leave with escort. Since the leave was granted with escort, the prisoner was not willing to go on leave with escort. The Probation Officer in his report has stated that there is serious objections from the victim's family and family members and that they are residing very close to the prisoner's residence. Accordingly, prays for appropriate orders.

¶4Since the Deputy Inspector General of Prisons and Correctional Services, Vellore Range, Vellore, vide proceedings No.RO-VRL/190/2027-CAMP(A), dated 04.03.2025 has already granted 28 days of ordinary leave with escort and the Probation Officer in his report has stated that there is serious objections from the victim's family and family members and that they are residing very close to the prisoner's residence. In view of the same, we deem it appropriate to grant 10 days ordinary leave with minimum escort.

¶5This Writ Petition stands allowed accordingly. There shall be a direction to the respondents herein, to grant 10 days ordinary leave "minimum escort" to the life convict viz. Palanivel, S/o.Thavidan, (Convict No.16806), commencing from 02.05.2025 to 12.05.2025, with a condition that the life convict shall report before the Jurisdictional Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 13.05.2025 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. No costs. [M.S.R, J.] [N.S, J.]

25.04.2025 kas Index : Yes / No Note: Issue Order Copy on 30.04.2025 To.

1.The Deputy Inspector General of Prisons Prisons and Correctional Service Vellore Range Vellore 632 002

2.The Superintendent of Prisons Central Prison Cuddalore - 4

3.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. kas

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 T.Anathayi ... Petitioner Vs. 1.The Deputy Inspector General of Prisons Prisons and Correctional Service Vellore Range Vellore 632 002 2.The Superintendent of Prisons Central Prison, Cuddalore - 4 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.01.2025 and consequently direct the respondents to grant 21 days ordinary leave to the petitioner's son Palanivel, S/o.Thavidan, aged 28 years, Convict Prisoner No.16806, PID No.240801, now confined in the Central Prison, Cuddalore. For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John