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

O R D E R (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 23.04.2025 of the 2nd respondent, rejecting the representation of the petitioner seeking grant of ordinary leave to her son / life convict, on the ground that the Probation Officer in his report has stated that there are no medical records of the petitioner is available with her and also the groom for life convict's elder sister has not yet been finalized.

2.The learned counsel for the petitioner submitted that the petitioner / life convict's mother is having high blood pressure and to take her to the hospital as well as to fix alliance and make arrangements to the life convict's elder sister marriage, the mother of the life convict / petitioner has sought for ordinary leave for her son. He further submitted that the life convict has undergone more than 3 years of imprisonment and therefore, sought for grant of ordinary leave.

3.The learned Additional Public Prosecutor has produced the particulars of the life convict dated 23.04.2025 and report of the Probation Officer dated 27.02.2025. The Probation Officer in his report has stated that the petitioner has not shown any medical records regarding her health condition during the investigation and also the groom for the life convict's elder sister has not been finalized yet.

4.Though the petitioner herein has sought for grant of ordinary leave, he would be ineligible under the Tamil Nadu Suspension of Sentence Rules, 1982, since the appeal preferred by him is pending and hence, we are inclined to modify the prayer sought for and grant him emergency leave to the life convict / petitioner's son.

5.Though the PO has not recommended for grant of leave to the life convict, we have taken into consideration the fact that the last emergency leave availed by the life convict was 1 year back, as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 6 days of emergency leave to the petitioner's son/life convict, by invoking our powers under Article 226 of the Constitution of India.

6.Accordingly, the impugned order bearing No.239/MuVu2025, dated 23.04.2025 passed by the 2nd respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 6 days emergency leave "without escort" to the petitioner's son/ life convict namely Aravinth @ Abbak, S/o.Raju, aged 27 years, CT No.23922 (PID No.376601), confined at Central Prison, Trichy, commencing from 17.07.2025 to 22.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Perambalur Police Station, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 22.07.2025 before 05.30 P.M. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

7.With the above direction, the Writ Petition stands allowed. No costs. (M.S.R., J) (V.L.N., J)

11.07.2025

krk Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 16.07.2025. To

1.The State represented by its, The Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Fort. St. George, Chennai – 600 009.

2.The Deputy Inspector General of Prison, Trichy Range, Central Prison, Trichy – 620 020.

3.The Superintendent, Central Prison, Trichy – 620 020.

4.The Inspector, Perambalur Police Station.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. krk

11.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Shanti .. Petitioner Vs. The State represented by its, 1.The Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Fort. St. George, Chennai – 600 009. 2.The Deputy Inspector General of Prison, Trichy Range, Central Prison, Trichy – 620 020. 3.The Superintendent, Central Prison, Trichy – 620 020. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order bearing No.239/MuVu2025, dated 23.04.2025 passed by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave of 30 days without escorts to the detenue, Aravind, S/o.Raj, aged about 28 years, Life Convict No.23922 (PID No.376601), detained at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor