Petitioner sought quashing of an order rejecting an ordinary leave application for his convict son. The court considered emergency leave applicability and directed grant of 6-day emergency leave without escort.
Grant of emergency leave without escort for six days to the convict prisoner; impugned order quashed; no costs.
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W.P.No.32981 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.32981 of 2024
Muthu
... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in letter vide no.8256, Tha.Ku.3/2024 dated 25.09.2024, by the 2nd respondent and quash the same, consequently direct the 2nd respondent to grant parole leave for a period of one month to petitioner's son confined at Vellore Central Prison.
Page 1 of 4
W.P.No.32981 of 2024
For Petitioner : Ms. S. Sujatha For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The order of rejection rejecting the leave application, submitted by the petitioner seeking ordinary leave, vide its proceedings in No.8256/tha.ku.3/2024 dated 25.09..2024 is sought to be quashed in the present writ petition.
prisoner is eligible to avail emergency leave.
5.Considering the fact and circumstances, the convict prisoner viz., Page 2 of 4
W.P.No.32981 of 2024
Mr.Silambarasan, S/o. Kumaresan, Convict Prisoner.4362, confined at Central
Prison, Vellore, is hereby granted Emergency Leave without escort for a period
of 6 days commencing from 21.11.2024 on the following conditions:-
(i) Respondents are directed to release the Convict Prisoner viz., Mr. Silambarasan, S/o. Kumaresan, Convict Prisoner.4362, confined at Central Prison, Vellore, on Emergency Leave without escort for a period of 6 days commencing from 21.11.2024 .
(ii) The Convict Prisoner shall be released on 21.11.2024 at 10.00 a.m. and surrender before the Superintendent, Central Prison, Vellore, on 26.11.2024 at 05.30 p.m.
(iii) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7 . Accordingly, the writ petition stands allowed. No Costs.
[S.M.S., J.] [M.J.R., J.]
15.11.2024
Index: Yes/No Speaking/Non-speaking order mrp
Page 3 of 4
W.P.No.32981 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
mrp
To
W.P.No.32981 of 2024
15.11.2024
https://www.mhc.tn.gov.in/judis Page 4 of 4
1 issue framed by the court
Whether the impugned order rejecting the leave application for the petitioner's son should be quashed in favour of granting emergency leave.
1 provisions across 1 enactments
Muthu
The Secretary to Government, Home Department
The Superintendent of Prisons, Vellore Central Prison
S.M.SUBRAMANIAM
M.JOTHIRAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
