Valli v. The State Rep by Its

ORDER (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 08.10.2024, rejecting the representation of the petitioner dated

24.06.2024.

¶2The only reason assigned in the impugned order for rejecting the petitioner's request for grant of ordinary leave to her son/convict prisoner is that the convict prisoner's life will be in danger if he comes out from jail.

¶3The learned counsel for the petitioner submitted that the petitioner has sought for ordinary leave for a period of 30 days for her son/convict prisoner since she requires his presence to take care of her and to make livelihood arrangements. The learned counsel further submitted that the convict prisoner has not availed any leave so far.

¶4The learned Additional Public Prosecutor has produced the particulars of the life convict dated 06.02.2025, as well as the report of the Probation Officer dated 02.12.2024. The Probation Officer, upon investigation, has not recommended to grant leave to the convict prisoner for the prisoner's safety.

¶5Considering the reasons stated by the petitioner for seeking leave for her son/convict prisoner, as well as the fact that the convict prisoner has not availed any leave so far, we are inclined to consider the prayer sought for in this Writ Petition by invoking our powers under Article 226 of the Constitution of India.

¶6Accordingly, the impugned order dated 08.10.2024 passed in No.RO-VLR/604/2024-CAMP(A) by the second respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 10 days ordinary leave "with minimum escort" to the petitioner's son/convict prisoner namely Suresh Babu, S/o.Selvaraj, aged about 38 years, bearing Convict No.3871, confined at Central Prison, Vellore, commencing from 25.02.2025 to 06.03.2025. After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on

06.03.2025 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.

¶7With the above direction, the Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.]

17.02.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 24.02.2025. To

1.The Secretary to 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 – 630 001.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

N. SENTHILKUMAR, J. Sni

17.02.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.37631 of 2024 Valli ... Petitioner Vs. The State rep. by 1.The Secretary to 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 – 630 001. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarifed Mandamus, calling for the records pertaining to the impugned order bearing No.RO-VLR/604/2024- CAMP(A) dated 08.10.2024 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to grant ordinary leave for 30 days without escort to the detenu, Suresh Babu, S/o.Selvaraj, aged about 38 years, bearing Convict No.3871 at Central Prison, Vellore. For Petitioner : Mr.M.Ezhilarasu For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John