S.Chithra Vs the State Represented by Its

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarifed Mandamus, to call for the records connected with impugned order dated 14.02.2024 in proceeding No.560004/Tha.ku.2/2024 passed by the second respondent and quash the same and direct the respondents to grant ordinary leave for 40 days without escort to the detenu, Raji @ Srinivasan S/o.Mani aged about 34 years bearing Convict No.6882, confined at Central Prison, Puzhal.

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W.P.No.1554 of 2025

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F or Petitioner : Ms.S.Sadhana For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John

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ORDER

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

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This Writ Petition has been filed challenging the impugned order

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dated 14.12.2024, rejecting the representation of the life convict dated 05.12.2024.

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2 . The only reason assigned in the impugned order for rejecting the

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life convict's request for grant of ordinary leave to him is that as per Rule 22(3) of the Tamil Nadu Suspension of Sentence Rules, 1982, the life convict prisoner has not completed one year of imprisonment from the date on which he returned from the last ordinary leave.

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3. The learned counsel for the petitioner submitted that the petitioner

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has sought for ordinary leave for a period of 40 days for her husband/life

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convict, since she requires his presence to make arrangements for her

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W.P.No.1554 of 2025

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mother-in-law's medical treatment, as well as to arrange funds for the educational expenses of their children. The learned counsel further submitted that the life convict has undergone more than 8 years of imprisonment.

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4. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 15.02.2025, as well as the report of the Probation Officer dated 27.12.2024. The Probation Officer, upon investigation, has stated in his report that he is satisfied with the reasons for seeking leave and hence, he has recommended to grant leave to the life convict.

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5 . Considering the reasons stated by the petitioner for seeking leave for her husband/life convict, as well as the report of the Probation Officer, recommending to grant leave to the life convict, we are inclined to consider the prayer sought for in this Writ Petition.

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6. Accordingly, the impugned order dated 14.12.2024 passed in No.560004/Tha.ku.2/2024 by the second respondent, is hereby quashed.

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W.P.No.1554 of 2025

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Consequently there shall be a direction to the respondents herein to grant 10 days ordinary leave “without escort” to the petitioner's husband/life convict namely Raji @ Srinivasan S/o.Mani aged about 34 years bearing Convict No.6882, confined at Central Prison, Puzhal, commencing from 25.02.2025 to 06.03.2025 , with a condition that the life convict shall report before the jurisdictional Police i.e. Somangalam Police Station, Kancheepuram, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict 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.

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7 . With the above direction, the Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed.

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[M.S.R, J.] [N.S, J.] 17.02.2025

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Index: Yes/No Speaking order/Non-speaking order

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Sni

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Note: Issue Order Copy on 24.02.2025

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