Usha Sharma v. The Additional Chief Secretary to Government

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J. This Writ Petition has been filed to direct the third respondent to consider the representation of the petitioner dated 17.2.2025 and to grant 28 days leave to the petitioners husband namely David Inbaraj Son of Rathinam, Ct. No.5773, now confined in the Central Prison-1, Puzhal, Chennai.

¶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 son of the convict is studying 2 nd standard in St.Norvert School, Bangalore, and he has to be admitted in some other school in the coming academic year 2025-2026 and hence, she requires the presence of her husband for making arrangements for the same. Further, the convict has undergone 2 years, 11 months and 27 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 19.04.2025, 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 emergency leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the convict viz., David Inbaraj, S/o.Rathinam, bearing CT.No.5773, confined at Central Prison-1, Puzhal, Chennai, 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, Kothanur Police Station, Bangalore, Karnataka, 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 Additional Chief Secretary To Government Home, Prohibition And Excise Department, Secretariat, Chennai-09.

2.The Director General Of Police And Director General Of Prisons And Correctional Service, Whannels Road, Egmore, Chennai-08.

3.The Superintendent Of Prison Central Prison-1, Puzhal, Chennai-66.

¶4The Inspector of Police, Kothanur Police Station, Bangalore, Karnataka. 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 Usha Sharma W/o.David Inbaraj, No.407, 1st Main 2nd Cross Kanakashree Layout, Near Slv Paradise Apartment, Byrathi Village, Vtc Byrathi Kothanur Post, Bengaluru District, Karnataka State Ph- 9739247401. Petitioner(s) Vs 1. The Additional Chief Secretary To Government Home, Prohibition And Excise Department, Secretariat, Chennai-09. 2.The Director General Of Police And Director General Of Prisons And Correctional Service, Whannels Road, Egmore, Chennai-08. 3.The Superintendent Of Prison Central Prison-1, Puzhal, Chennai-66. Respondent(s) PRAYER Directing the respondent No.3 to consider the representation of the petitioner dated 17.2.2025 and to grant 28 days leave to the petitioners husband namely David Inbaraj Son of Rathinam, Ct. No.5773, now confined in the Central Prison- 1, Puzhal, Chennai- 066. For Petitioner(s): P.Pugalenthi For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John