Susila v. The State Rep by the Deputy Inspector of General of Prison

ORDER (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed seeking for a direction to the first respondent to modify the condition from 'leave with escort' to 'leave without escort', as passed in his order dated 28.10.2024.

¶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 without escort. The learned counsel further submitted that the life convict has undergone more than 19 years of imprisonment and he has not availed ordinary leave so far.

¶3The learned Additional Public Prosecutor has produced the particulars of the life convict dated 14.07.2025, as well as the report of the Probation Officer dated 17.07.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner for seeking leave for her son/life convict are true and that the life convict's mother gets Government Aid of Rs.1,200 per month and their financial condition is very poor.

¶4Taking into consideration the report of the Probation Officer, we are of the view that the petitioner may not be in a position to afford for escort and hence, we are inclined to modify the condition in the impugned order dated 28.10.2024 from 'leave with escort' to 'leave without escort'.

¶5Accordingly, the Writ Petition stands allowed. Consequently, the respondents herein are directed to grant 40 days of Ordinary Leave "without escort" to the petitioner's son/life convict namely Govindan @ Govindasamy, S/o.Muniyappan, aged about 51 years, (PID No.25126), who is presently confined in Central Prison, Coimbatore, commencing from 01.08.2025 to 09.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Kambainallur Police Station, Dharmapuri District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on

09.09.2025 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 Internet: Yes/No Sni Note: Issue Order Copy on 31.07.2025 To

1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore – 18.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Inspector of Police, Kambainallur Police Station, Dharmapuri District

4.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 Susila ... Petitioner Vs. 1.State rep. By The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore – 18. 2.The Superintendent of Prison, Central Prison, Coimbatore. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondent to modify his order dated 28.10.2024 in No.718/Tha Vu2/2023 and thereby to grant ordinary leave of 40 days without escort to the petitioner's son namely Govindan @ Govindasamy, S/o.Muniyappan, (PID No.25126), aged about 51 years, who is presently confined in Central Prison, Coimbatore. For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor