Parimala v. The Home Secretary

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This Writ Petition has been filed to call for the records relating to the proceedings in No.8979/ R3/ 2025 by the 3rd respondent dated 14.02.2025 and quash the same and direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioners husband Govindaraj, S/o.Palani (PID No.387493) who is presently lodged in Central Prison, Salem.

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

¶3The petitioner herein seeks for grant of 21 days of ordinary leave for her husband, without escort, on the ground that she requires the presence of her husband for making arrangements for school fees of her two children and for the purpose of legal formalities in respect of partition of her husband's ancestral property. Further, the convict has undergone 3 years, 1 month and 25 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 15.04.2025, 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 prisoner 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., Govindaraj, S/o.Palani, PID No.387493, confined at Central Prison, Salem, 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, Manimangalam 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 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 Home Secretary Home Department (prison) Secretariat Fort St. George, Chennai-600 009.

2.The Deputy Inspector General Coimbatore Zone, Coimbatore.

3.The Superintendent Of Prison, Central Prison, Salem.

¶4The Inspector of Police, Manimangalam 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 PARIMALA W/o.Govindaraj, 3/235, Chinnampalli, Dharmapuri, Tamil Nadu-636 811. Petitioner(s) Vs 1. The Home Secretary Home Department (prison) Secretariat Fort St. George, Chennai-600 009. 2.The Deputy Inspector General Coimbatore Zone, Coimbatore. 3.The Superintendent Of Prison, Central Prison, Salem. Respondent(s) PRAYER Calling for the records relating to the proceedings in No.8979/ R3/ 2025 by the 3rd respondent dated 14.02.2025 and quash the same and direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioners husband Govindaraj, S/o.Palani (PID No.387493) who is presently lodged in Central Prison, Salem For Petitioner(s): M/s.P.M.Basil For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John