Sekar v. The State of Tamil Nadu

ORDER

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. This writ petition has been filed to call for the records in vz;152/Kc/2025 dated 10.03.2025 on the file of Deputy Inspector General of Prisons and Correctional Institute, Trichy Range and quash the same as illegal and direct the respondents to grant 28 days ordinary leave to the life convict, Sekar, S/o.Krishnamurthy, C.No.11671 (PID No.40760), now confined at Central Prison, Tiruchirapalli.

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

¶3The petitioner herein seeks for grant of 28 days of ordinary leave, without escort, on the ground that the petitioner's sister has certain medical ailments and that there was no one to take care of her. If the petitioner is granted ordinary leave, he would take care of her sister and make arrangements for her treatment. Further, the detenue has undergone 9 years, 5 months and 20 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 06.02.2025, in which, the Probation Officer has not recommended for grant of leave since the reasons assigned by the petitioner is said to be false. He would submit that the prisoner is otherwise eligible for 28 days of ordinary leave.

¶5Although the Probation Officer has not recommended for grant of leave, taking into consideration that the convict prisoner had last availed ordinary leave two years ago, as well as the reasons assigned in the affidavit, we are inclined to grant ordinary leave for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the impugned order in vz;152/Kc/2025 dated

10.03.2025 is quashed and the detenue viz., Sekar, S/o.Krishnamurthy, C.No.11671 (PID No.40760), confined at Central prison, Tiruchirapalli, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 07.08.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Aandimadam Police Station, Ariyalur District, daily at 05.00 p.m and shall not leave the police limits of Muthuseravamadam, Kattukolkai, Udayarpalayam Taluk, Jayamkondam, Ariyalur District. 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.R., J] [V.L.N., J]

04.07.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith To

1.The Secretary, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison Reformation Department, Trichy Range, Trichy District-620020

3.The Superintendent, Central Prison, Trichy, Trichy District-620020

4.The Inspector of Police, Aandimadam Police Station, Ariyalur District.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. Anu

04.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Sekar Life Convict, Central Prison, Tiruchirapalli, Trichy District-620020 ...Petitioner/ the detenue Vs. 1.The State of Tamil Nadu rep. by its Secretary, Department of Home, Fort St. George, Chennai-600 009. 2.The Deputy Inspector General of Prison Reformation Department, Trichy Range, Trichy District-620020 3.The Superintendent, Central Prison, Trichy, Trichy District-620020 ... 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 in vz;152/Kc/2025 dated 10.03.2025 on the file of DIG of Prisons and correctional institute Trichy range and quash the same as illegal and direct the respondents to grant 28 days ordinary leave to the life convict Sekar, S/o.Krishnamurthy, C.No.11671 (PID No.40760), now confined at Central Prison, Tiruchirapalli. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor