Writ petition for ordinary leave to a prisoner dismissed in part; court granted three days leave without escort, overriding eligibility restrictions due to family circumstances.
Granted three days ordinary leave without escort to prisoner Chandran from 26.07.2024 to 28.07.2024, with conditions for daily police reporting and surrender on 29.07.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.17001 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH and
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.17001 of 2024
Ranjitha
... Petitioner
Vs.
1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008
2.The Superintendent of Prison Puzhal Central Prison -1 Chennai 600 066 ... 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 without escort to the detenu, Chandran S/o.Arumugam, aged about 32 years bearing Convict No.9056 confined at Central Prison, Puzhal.
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W.P.No.17001 of 2024
F or Petitioner : Ms.S.Sadhana For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
M.S.RAMESH, J. and SUNDER MOHAN, J.
This Writ Petition has been filed seeking for a direction, to direct
the respondents to ordinary leave for 30 days without escort to the detenu, Chandran S/o.Arumugam, aged about 32 years bearing Convict No.9056 confined at Central Prison, Puzhal.
2. The learned counsel for the petitioner submitted that the petitioner's mother in law, who was managing the house of the petitioner fell down and her hand got fractured, due to which, the petitioner also could not attend any outside work as she needs to take care of her mother in law. It is further submitted that the petitioner is having two years old child. Hence, the petitioner needs the presence of her husband to make arrangement for the medical expenses of her mother in law as well as for
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W.P.No.17001 of 2024
her family. Thereby, a representation dated 23.05.2024 was sent to the respondents. Hence, the present petition.
3 . The learned Additional Public Prosecutor submitted that since
the above said prisoner has not completed three years of imprisonment from the date of conviction, he is not eligible for ordinary leave as per Rule No.22(1)(c) of Tamilnadu Suspension of Sentence Rules 1982 as amended in G.O.Ms.No.205 Home (Prison - V) Department dated 25.04.2022. He has also produced a report from the Probation Officer, wherein the Probation Officer has stated that the mother in law of the petitioner is not at all sick and she is blessed with a sound health and the reason assigned by the petitioner in the representation is not genuine.
4 . Even though the report of the Probation Officer dated 17.07.2024 is not in favour of the petitioner, this Court is inclined to
grant three days ordinary leave to the prisoner, as the prisoner is having a two year old child.
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W.P.No.17001 of 2024
5. Accordingly, there shall be a direction to the respondents herein,
to grant three (3) days ordinary leave “without escort” to the life convict namely Mr.Chandran, S/o.Arumugam, aged about 32 years, Convict Prisoner No.9056, commencing from 26.07.2024 to 28.07.2024, with a
condition that the life convict shall report before the jurisdictional Police i.e. Kundrathur Police Station, Chennai District, daily at 10.30 a.m. A fter expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 29.07.2024 before 10.00 a.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.
6 . With the above direction, the Writ Petition stands allowed. No
costs.
kas
Note: Issue Order Copy on 24.07.2024
Index : Yes / No Neutral Citation
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W.P.No.17001 of 2024
To
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W.P.No.17001 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
kas
W.P.No.17001 of 2024
19.07.2024
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2 issues framed by the court
Whether the prisoner is eligible for ordinary leave without escort despite having completed less than three years of imprisonment.
Whether the medical necessity claimed by the petitioner warrants the grant of leave.
2 provisions across 2 enactments
Ranjitha
The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008
The Superintendent of Prison Puzhal Central Prison -1 Chennai 600 066
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
