Kalaivani Vs the State Represented 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 to the impugned order bearing No.18843/Tha.K2/2024 dated

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W.P.No.184 of 2025

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13.12.2024 passed by the 3^rd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 30 days without escort to the detenu Divakaran, S/o Durairaj, aged about 33 years, Convict No.16230 detained at Central Prison, Cuddalore.

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For Petitioner :: Mr.L.Sarath Pandian for Dr.S.Manoharan

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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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The prisoner is in actual imprisonment for seven years and two months. His conduct inside the prison is found to be satisfactory. The leave application submitted by the prisoner was rejected on the ground that the appeal before the Supreme Court is pending. Pendency of appeal is not a ground to reject the leave application, since Rule 35 stipulates that pending trial is a bar for considering the leave application under the Tamil Nadu Suspension of Sentence Rules. Thus, there is no impediment for the authorities to grant leave during the pendency of an appeal before the appellate Court. The Probation Officer has not recommended the leave application on the ground that the reason stated that the mother of the

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W.P.No.184 of 2025

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prisoner is sick, though correct, there are other relatives available to take

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care of the mother of the prisoner. Since the prisoner maintained good conduct inside the prison for seven years and two months, we are inclined to pass the following order:-

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(i) The impugned order passed by the third respondent dated 13.12.2024 is set aside.

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(ii)The prisoner, namely, Divakaran, S/o Durairaj, Convict No.16230 (PID No.53939), is granted 21 days ordinary 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 20.02.2025.

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(iv)The prisoner shall appear before the T-3, Korattur Police Station, Chennai twice in a week i.e., on every Monday and Thursday 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/no (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 27.01.2025

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ss

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W.P.No.184 of 2025