Sumathi v. The State Rep. by Its

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This Writ Petition has been filed to grant 28 days of ordinary leave without escort to the detenue, Prakash S/o.Angamuthu, aged about 40 years bearing Convict No.1270 and PID No.407397 at Open Prison, Ondiputhur, Coimbatore

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

3.The petitioner herein seeks for grant of 28 days of ordinary leave for her son, without escort, on the ground that she requires the presence of his son for making arrangements for the livelihood of their family. Further, the convict has undergone 3 years, 1 month and 24 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 19.03.2025, in which, the Probation Officer has not recommended for grant of leave as the reasons assigned by the petitioner is said to be false.

¶5Even though the Probation Officer has not recommended for grant of leave, considering the fact that so far, the convict had not availed any leave, we are inclined to grant ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the convict viz., Prakash, S/o.Angamuthu , aged about 40 years, bearing Convict No.1270 and PID No.407397, at Open Prison, Ondiputhur, Coimbatore, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 02.05.2025 to 05.00 p.m of 22.05.2025. 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, Annathanapatti 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.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, Coimbatore Zone, Coimbatore.

2.The Superintendent Open Prison, Ondiputhur, Coimbatore District-641 018.

¶3The Inspector of Police, Annathanapatti Police Station. 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 SUMATHI W/o.Angamuthu, No.65/1/376, Valluvar Nagar, Annathanapatti, Salem District-636 122 Petitioner(s) Vs 1. The State Rep. By Its The Deputy Inspector General Of Prison, Coimbatore Zone, Coimbatore. 2.The Superintendent Open Prison, Ondiputhur, Coimbatore District-641 018. Respondent(s) PRAYER Directing the respondents to grant 28 days of ordinary leave without escort to the detenue, Prakash S/o.Angamuthu, aged about 40 years bearing Convict No.1270 and PID No.407397 at Open Prison, Ondiputhur, Coimbatore For Petitioner : Mr.S.Pandiyan For Respondent(s) : Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John