Allowed¶37

Shiyam v. the State Represented by Its

Madras HC27 Jan 2025WP/122/2025

Case brief

AI extract

What is this about?

Madras High Court Division Bench (S.M. Subramaniam & M. Jothiraman, JJ.), order by S.M. Subramaniam J., allowed W.P.No.122 of 2025 on 27.01.2025. Emergency leave for convict Pasupathi (Convict No.24098, PID No.222411), Central Prison, Coimbatore; rejection order No.21428/Tha.Ku3/2024 dated 26.11.2024 set aside; six days leave without escort; Probation Officer report recommending leave accepted; Tamil Nadu Prison Department respondents; certiorarified mandamus; Article 226 Constitution of India; surrender and police reporting conditions imposed; no costs.

What did the court decide?

Impugned order dated 26.11.2024 set aside; six days emergency leave without escort granted to the prisoner from 31.01.2025 with surrender by 05.02.2025 and police-station reporting conditions; no costs. ¶37

Shiyam Vs the State Represented by Its — Writ and Judicial Review | Madras HC (2025)

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W.P.No.122 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.01.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

W.P.No.122 of 2025

Shiyam S/o Pasupathi

.. Petitioner

The State represented by its

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The Secretary to Government of Tamil Nadu Prison Department-IV Fort St.George Chennai 600 009

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The Deputy Inspector General of Prison Coimbatore Range Coimbatore Central Prison Coimbatore 641 018

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The Superintendent Coimbatore Central Prison Coimbatore 641 018

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.. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.21428/Tha.Ku3/2024 dated

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.122 of 2025

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26.11.2024 passed by the third respondent and quash the same and consecutively direct the respondents to grant emergency leave for 15 days without escort to the detenu, Pasupathi, S/o Palaniyappan, aged about 65 years, Convict No.24098, detained at Central Prison, Coimbatore.

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For Petitioner :: Mr.L.Sarath Pandian for Dr.S.Manoharan For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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W.M.P.No.137 of 2025 seeking to dispense with the production of

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original copy of impugned order stands ordered.

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The rejection of leave application is under challenge. The learned counsel for petitioner submits that the application seeking emergency leave was submitted, which was not considered, which resulted in the filing of the present writ proceedings.

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The Probation Officer in his report recommended the case of the prisoner for grant of emergency leave. The reason stated in the application

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.122 of 2025

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is also found to be correct. Thus we are inclined to pass the following

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order:-

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(i) The impugned order passed by the third respondent dated 26.11.2024 is set aside.

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(ii)The prisoner, namely, Pasupathi, S/o Palaniyappan, Convict No.24098 (PID No.222411), is granted six days emergency leave without escort.

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(iii)The leave shall commence from 31.01.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 05.02.2025.

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(iv)The prisoner shall appear before the Velayuthampalayam Police Station, Karur District on 02.02.2025 and 04.02.2025 at 11.00 A.M. during the period of leave.

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The writ petition stands allowed on the above terms. No costs.

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Index : yes (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 27.01.2025

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