Unnamalai Govindharaj Vs the Home Secretary

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in No.E329696/Thaku/3/2024 of the third respondent dated 27.09.2024 and quash the same and direct the third respondent to grant 40 days ordinary leave without escort to the petitioner's husband, Govindharaj, S/o.Kariyagoundar, Convict No.1212,

¶13

https://www.mhc.tn.gov.in/judis Page 1 of 6

¶14

W.P.No.3392 of 2025

¶15

PID No.38070, confined at Central Prison, Vellore.

¶16

For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

¶17

ORDER

¶18

M.S.RAMESH, J. and N.SENTHILKUMAR, J.

¶19

This writ petition has been filed to call for the records relating to the proceedings in No.E329696/Thaku/3/2024 of the third respondent dated 27.09.2024 and quash the same and direct the third respondent to grant 40 days ordinary leave without escort to the petitioner's husband, Govindharaj, S/o.Kariyagoundar, Convict No.1212, PID No.38070, confined at Central Prison, Vellore.

¶20

Heard the learned counsel on either side and perused the

¶21

documents.

¶22

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

¶23

Page 2 of 6

¶24

W.P.No.3392 of 2025

¶25

The petitioner herein seeks for grant of 40 days of ordinary

¶26

leave for her husband, without escort, on the ground that the house of the petitioner is in a dilapidated condition and it has to be renovated, for which she requires the presence of the prisoner to arrange funds for the same. Further, the detenue has undergone 13 years and 22 days of imprisonment.

¶27

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 06.02.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true. He would submit that the prisoner is eligible for 28 days of leave.

¶28

Considering the fact that the Probation Officer has

¶29

recommended for grant of leave, we are inclined to grant ordinary leave

¶30

for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.

¶31

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

¶32

Page 3 of 6

¶33

W.P.No.3392 of 2025

¶34

Accordingly, the detenue viz., Govindharaj, S/o.Kariyagoundar,

¶35

Convict No.1212, PID No.38070, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 28.02.2025 to 5 pm of 27.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Singarapettai Police Station, Krishnagiri District, daily at 05.00 p.m. 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.

¶36