Bhuvaneshwari v. The State Rep by the Secretary to the Government of Tamilnadu

ORDER (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed by the petitioner/mother seeking 30 days ordinary leave for her son/life convict. She has also given a representation dated 06.03.2025 in this regard. Since the said representation has not been considered till date, she has filed the present Writ Petition.

¶2The learned counsel for the petitioner submitted that the life convict and the petitioner are suffering with certain health issues and hence, the petitioner sought for an ordinary leave for her son for taking his proper medical treatment, as well as for the petitioner's heart treatment. The learned counsel further submitted that the life convict has undergone more than 8 years of imprisonment.

¶3The learned Additional Public Prosecutor has produced the proforma of the life convict dated 19.06.2025, as well as the report of the Probation Officer dated 31.03.2025. The Probation Officer in his report has stated that the reason assigned by the petitioner for seeking leave for her son/life convict is not true and hence, he has not recommended to grant leave.

¶4Though the Probation Officer has not recommended to grant leave to the life convict, considering the fact that the life convict has undergone more than 8 years of imprisonment, we are inclined to grant 28 days of ordinary leave to the petitioner's son/life convict, by invoking our powers under Article 226 of the Constitution of India.

¶5Accordingly, the petitioner's son/life convict namely Ramakrishnan, S/o.Rajendren, aged about 33 years, PID No.41974, presently detained at Central Prison, Coimbatore, is granted 28 days ordinary leave "without escort", commencing from 03.07.2025 to

30.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Saravanampatti Police Station, Coimbatore, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 30.07.2025 before 05.30 P.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.

¶6With the above directions, this Writ Petition stands allowed. No costs. [M.S.R, J.] [V.L.N, J.]

27.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 02.07.2025. To

1.The Secretary to Government of Tamil Nadu, Prison Department – IV, Fort St.George, Chennai – 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore – 641 018.

3.The Superintendent, Coimbatore Central Prison, Coimbatore – 641 018.

4.The Inspector of Police, Saravanampatti Police Station, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V. LAKSHMINARAYANAN, J. Sni

27.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Bhuvaneshwari ... Petitioner Vs. The State represented by its, 1.The Secretary to Government of Tamil Nadu, Prison Department – IV, Fort St.George, Chennai – 600 009. 2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore – 641 018. 3.The Superintendent, Coimbatore Central Prison, Coimbatore – 641 018. ... 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 grant ordinary leave for 30 days to the petitioner's son, the detenu namely Ramakrishnan, S/o.Rajendren, aged about 33 years, PID No.41974, detained at Central Prison, Coimbatore. For Petitioner : Ms.K.Akshaya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor