Dismissed¶30

Anjali v. the State Rep. by Its

Madras HC6 Mar 2025WP/3866/2025

Case brief

AI extract

What is this about?

Convict ordinary leave; leave without escort; Puzhal Central Prison-1; prisoner previously absent on leave; absconding prisoner (left 2014, recaptured/reported 25.11.2021); circular dated 15.12.2017 of Additional Director General of Police (Prisons); five-year bar on leave; case U/s.224 I.P.C.; impugned order dated 02.01.2025 in proceedings No.537213/Thaku2/2024; Writ of Certiorarified Mandamus under Article 226; writ petition dismissed without costs; coram M.S. Ramesh and N. Senthilkumar, JJ.; decided 06.03.2025.

What did the court decide?

The prisoner is not entitled to claim leave. ¶29

Anjali Vs the State Rep. by Its — Writ and Judicial Review | Madras HC (2025)

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W.P.No.3866 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.03.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

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W.P.No.3866 of 2025 and W.M.P.No.3866 of 2025

Anjali

... Petitioner

Vs.

1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008

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2.The Superintendent Puzhal Central Prison - 1 Puzhal 600 066 ... Respondents

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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 connected with impugned order dated 02.01.2025 in proceedings No.537213/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged about 44 years bearing Convict No.1709 confined at Central Prison-

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Page 1 of 4

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

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W.P.No.3866 of 2025

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1, Puzhal.

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F or Petitioner : Mr.S.Sadhana For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

M.S.RAMESH, J. AND

N.SENTHILKUMAR, J.

The above Writ Petition is filed to call for the records connected

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with impugned order dated 02.01.2025 in proceedings No.537213/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged about 44 years bearing Convict No.1709 confined at Central Prison-1, Puzhal.

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2.Learned Additional Public Prosecutor on instructions submitted

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that earlier when leave was granted to the prisoner on 11.02.2014 to 18.02.2014 for 7 days, the prisoner had failed to report before the jail authorities on expiry of the leave and was absconding till 25.11.2021 which is more than 7 years.

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3.The Additional Director General of Police, vide circular dated

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W.P.No.3866 of 2025

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15.12.2017 had instructed all the Range Deputy Inspector General of Prisons and Superintendent of Prisons not to grant any sort of leave to a prisoner who was absent on leave previously and facing a case U/s.224 I.P.C. in the past five years preceding the date of commencement of leave. In the instant case, the five year period after the prisoner was captured had not expired, and therefore he would not be entitled for grant of leave, in view of the circular dated 15.12.2017.

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4.In view of above, the prisoner is not entitled to claim leave. This

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writ petition stands dismissed accordingly. No costs.

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kas

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Index : Yes / No Neutral Citation

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

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