Bala v. The State Represented by Its, the Secretary to the Government of Tamil Nadu,

ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner herein who is the wife of the convict prisoner, is aggrieved against the condition in the leave granted by the jail authority through its proceedings dated 27.03.2025, insofar as it relates to extending escort during the period of leave.

¶2The learned counsel for the petitioner submitted that the petitioner's financial condition is very miserable and she requires the presence of her husband/convict prisoner for making arrangements of funds for their livelihood and to renovate house and hence, she sought for an ordinary leave for her husband/life convict. The learned counsel further submitted that the convict prisoner has undergone more than 4 years of imprisonment and he has not availed any leave so far.

¶3The learned Additional Public Prosecutor has produced the proforma of the convict prisoner dated 20.06.2025, as well as the report of the Probation Officer dated 11.03.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner for seeking leave for her husband/convict prisoner are not true.

¶4By taking into consideration the favourable report of the Probation Officer, the fact that the convict prisoner has not availed any leave during his 4 years and 3 months of imprisonment, as well as considering the financial condition of the petitioner, we are inclined to modify the condition in the impugned order dated 27.03.2025 from 'leave with escort' to 'leave without escort'.

¶5Accordingly, the Writ Petition stands allowed. Consequently, the respondents herein are directed to grant 21 days of Ordinary Leave "without escort" to the petitioner's husband/convict prisoner namely Settu, S/o.Pichandi, aged about 53 years, bearing Convict No.3870, presently confined at Central Prison, Vellore. commencing from 01.08.2025 to

21.08.2025, with a condition that the convict prisoner shall report before the jurisdictional Police i.e. Sathuvachari Police Station, Vellore, daily at 10.30 A.M. After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 21.08.2025 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. No costs. [M.S.R, J.] [V.L.N, J.]

25.07.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 31.07.2025. To

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

2.The Deputy Inspector General of Prison, Vellore Range, Vellore – 632 001.

3.The Superintendent, Central Prison Vellore, Vellore – 632 001.

4.The Inspector of Police, Sathuvachari Police Station, Vellore.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V. LAKSHMINARAYANAN, J. Sni

25.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Bala ... Petitioner Vs. The State rep. by its, 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St.George, Chennai – 600 009. 2.The Deputy Inspector General of Prison, Vellore Range, Vellore – 632 001. 3.The Superintendent, Central Prison Vellore, Vellore – 632 001. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order bearing No.RO- VLR/319/2025/CAMP(A) dated 27.03.2025 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to consider my representation and grant ordinary leave for 21 days without escort to the detenu Settu, S/o.Pichandi, aged about 53 years, convict prisoner, bearing Convict 3870, confined at Central Prison, Vellore. For Petitioner : Mr.M.Ezhilarasu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor