The Court allowed a writ petition seeking ordinary leave for a convicted prisoner without escort. Finding the Probation Officer's recommendation for escorted leave imprecise, the Court directed leave of 21 days subject to reporting to the police twice weekly.
Leave granted for 21 days without escort, with mandatory reporting to Inspector of Police twice a week.
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.6352 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.6352 of 2024
Tara
...Petitioner / wife of the detenue
vs.
1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Superintendent, Puzhal Central Prison, Puzhal-600066.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to grant ordinary leave for 30 days without escort to the detenue, Kasim, S/o.Raud Basha, aged about 35 years bearing Convict No.5045 confined at Central Prison, Puzhal.
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W.P.No.6352 of 2024
For Petitioner : Ms.S.Sadhana For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, J. )
Since the petitioner's request for the grant of ordinary leave to her husband, convict prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years, who has been sentenced to undergo 10 years of imprisonment, was not considered within a reasonable time, the present Writ Petition has been filed.
documents.
3.The Probation Officer has filed his report dated 07.03.2024,
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W.P.No.6352 of 2024
wherein he has favourably recommended for grant of leave with escort. However, in the said report, no reasons has been assigned as to why escort has to be provided.
4.Learned counsel for the petitioner submitted that if the leave is granted with escort, serious prejudice would be caused to the petitioner's family. Hence, he prayed for grant of ordinary leave without escort.
period of leave if the prisoner is directed to report before the concerned jurisdictional police periodically, the grievance of both the petitioner as well as the respondents can be redressed. Accordingly, the respondents herein are ordered to grant leave to the petitioner's husband, convict prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years, bearing Convict No.5045, confined at Central Prison, Puzhal, for a period of 21 days without escort, on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years,
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W.P.No.6352 of 2024
bearing Convict No.5045, on Ordinary Leave for a period of 21 days i.e., from 27.03.2024 to 17.04.2024.
(ii) The Convict Prisoner shall be released on 27.03.2024 at 10.00 am and surrender before the Superintendent of Prison, Puzhal Central Prison, Puzhal600066, on 17.04.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, D-3, Ice, House, Chennai twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.
(iv) 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.
Note to Registry:
1.Issue order copy by 26 .03.2024.
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W.P.No.6352 of 2024
2.Upload the order copy forthwith. Anu
To
2.The Superintendent, Puzhal Central Prison, Puzhal-600066.
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W.P.No.6352 of 2024
M.S.RAMESH, J and
SUNDER MOHAN, J
Anu
W.P.No.6352 of 2024
25.03.2024
_____________ Page 6 of 6_
2 issues framed by the court
Whether the prisoner can be granted ordinary leave without escort as an alternative to leave with escort.
What conditions must be imposed on the prisoner for leave without escort.
1 provisions across 1 enactments
Tara
The State represented by its, The Deputy Inspector General of Prison
The Superintendent, Puzhal Central Prison
M.S.RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
