Kuppusami Vs the State Rep by Its

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 pertaining to the impugned order bearing No.29426/Thaku3/2024 dated 04.01.2025 passed by the third respondent and quash the same and subsequently, direct the respondents to grant 28 days of ordinary leave, without escort to the petitioner's brother viz., Semmalai, son of Kanthasamy, Convict No.99437, confined at Central prison,

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W.P.No.3762 of 2025

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Salem.

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For Petitioner : Mr.C.Deepakkumar For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

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ORDER

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

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This writ petition has been filed to call for the records pertaining to the impugned order bearing No.29426/Thaku-3/2024 dated 04.01.2025 passed by the third respondent and quash the same and subsequently, direct the respondents to grant 28 days of ordinary leave, without escort to the petitioner's brother viz., Semmalai, son of Kanthasamy, Convict No.99437, confined at Central prison, Salem.

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Heard the learned counsel on either side and perused the documents.

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The petitioner herein seeks for grant of 28 days of ordinary

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leave, without escort, on the ground that the father of the prisoner passed away on 15.11.2024 and he requires of the presence of the prisoner for performing the funeral rites. It is further submitted that the prisoner has undergone 6 years, 5 months and 23 days of imprisonment.

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4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 24.12.2024, in which, the Probation Officer has not recommended for grant of leave since the reasons assigned by the petitioner is said to be false. He would submit that the representation of the petitioner was rejected by the third respondent vide order dated 04.01.2025 bearing No.29426/Thaku-3/2024. However, the convict prisoner is otherwise eligible for 28 days of leave.

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Although the Probation Officer has not recommend for grant of

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leave, considering the fact that the convict prisoner has not availed ordinary leave even once, we are inclined to grant ordinary leave for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.

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Accordingly, the detenue viz., Semmalai, son of Kanthasamy, Convict No.99437, is hereby granted ordinary leave for a period of 28

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days, without escort, commencing from 10.00 am on 04.03.2025 to 5 pm of 31.03.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Jalakandapuram Police Station, 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.

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