A.Saraswathi Vs State Rep. by

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records pertaining the impugned order passed by the 2^nd respondent vide his letter in No.5405/Tha ku3/2025 dated 16.05.2025 and quash the same and consequently direct the respondents to grant 21 days ordinary leave witout police escort, to the petitioner's son namely Manikandan @ Myilsamy S/o.Aarumugam (Convict Prisoner PID No.329108) aged about 36 years, who is presently confined in Central Prison, Coimbatore based on the petitioner's representation dated 29.03.2025.

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

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W.P.Crl.No.119 of 2025

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For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

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ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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This writ petition has been filed challenging the impugned order dated 16.05.2025 of the second respondent, rejecting the representation of the petitioner dated 29.03.2025, seeking ordinary leave for the convict prisoner Manikandan Alias Myilsamy, S/o.Aarumugam (Convict Prisoner PID No.329108) on the ground that the Probation Officer has not recommended for granting leave.

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The learned counsel for the petitioner submitted that the

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petitioner's son is undergoing the period of sentence for more than 4 years, The petitioner's son has already availed ordinary leave for the last year, now, 1 year period is already over, therefore, the petitioner is entitled for 21 days ordinary leave. Hence, seeks for leave.

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

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W.P.Crl.No.119 of 2025

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The learned Additional Public Prosecutor fairly submitted that th

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petitioner has availed ordinary leave for the last year from 10.06.2024 to 24.06.2024 and 13.11.2024 to 18.11.2024 without escort, totally 21 days and the petitioner is entitled to ordinary leave only after completion of one year, therefore, at the most, the petitioner is entitled to ordinary leave only from 18.11.2025.

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Heard both sides and perused the materials placed on record.

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Considering the submissions made and medical certificate is already attached, the petitioner is entitled to 21 days leave without escort and we are inclined to grant 21 days ordinary leave to the convict prisoner without escort.

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In such view of the matter, the impugned order dated 16.05.2025

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is quashed and the convict prisoner Manikandan Alias Myilsamy , S/o.Aarumugam, (Convict Prisoner PID No.329108) is granted 21 days ordinary leave from 20.11.2025 to 11.12.2025 with a condition that the life

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

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W.P.Crl.No.119 of 2025

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convict shall report before the jurisdictional police i.e., Gobichettipalyam Police Station, Coimbatore District daily at 5.30 p.m. After expiry of the ordinary leave, the life convict shall surrender before the prison authorities on 11.12.2025 at 05.30pm . The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

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