Soniya Vs the State Rep by Its

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 with an impugned order in No.E.307818/ta.ku.3/2024 dated 09.12.2024 passed by the 3^rd respondent, quash the same and consequently

¶16

Page 1 of 5

¶17

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

¶18

W.P.No.1632 of 2025

¶19

direct the respondents to grant 28 days leave without escort to the convict, namely, Mr.Selvamani, S/o Selvaraju (CT No.1176), aged about 40 years.

¶20

For Petitioner :: Mr.M.Mohamed Saifulla For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

¶21

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

¶22

W.M.P.No.1862 of 2025 seeking to dispense with the production of

¶23

the certified copy of the impugned order, stands ordered.

¶24

The leave application was rejected on the ground that the prisoner

¶25

availed ordinary leave in February, 2024 and one year period has not expired. The learned counsel for petitioner would submit that the prisoner is eligible to avail emergency leave. The prisoner is in actual imprisonment for about six years. His conduct inside the prison is found to be satisfactory. Thus this Court is inclined to consider the present petition and pass the following order:-

¶26

(i) The impugned order passed by the third respondent dated 09.12.2024

¶27

Page 2 of 5

¶28

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

¶29

W.P.No.1632 of 2025

¶30

is set aside.

¶31

(ii)The prisoner, namely, Selvamani, S/o Selvaraj, Convict No.1176 is granted six days emergency leave without escort.

¶32

(iii)The leave shall commence from 01.02.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 06.02.2025.

¶33

(iv)The prisoner shall appear before the Vaniyambadi Police Station, Thirupathur District on 03.02.2025 and 05.02.2025 at 11.00 A.M. during the period of leave.

¶34

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

¶35

Index : yes/no (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 28.01.2025

¶36

ss

¶37

To

¶38