Balasubramani 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, calling for the records relating to the proceedings in No.218/Thau 2/2024 by the 2 nd respondent dated 20.02.2025 and quash the same and direct the 2 nd

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respondent to grant 28 days ordinary leave without escort to the petitioner namely Balasubramani, S/o.Perumal (PID No.32136), who is presently lodged in Central Prison, Salem.

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F or Petitioner : Mr.P.M.Basil

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For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by M.S.RAMESH, J. )

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This Writ Petition has been filed challenging the impugned order dated 20.02.2025, rejecting the representation of the petitioner, seeking ordinary

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leave, on the ground that the reason stated for availing leave is not true.

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2 . The learned counsel for the petitioner submitted that the petitioner

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who is the life convict has sought for an ordinary leave to repair his house. The learned counsel further submitted that the petitioner/life convict has undergone more than 9 years of imprisonment and he has not availed any leave so far.

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3. The learned Additional Public Prosecutor has produced the

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particulars of the life convict dated 30.07.2025, as well as the report of the Probation Officer dated 30.07.2025. The Probation Officer in his report has stated that the reason assigned by the petitioner/life convict for seeking leave is not true and hence, he has not recommended for grant of leave.

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4 . Though the Probation Officer has not recommended to grant leave to the life convict, by taking into consideration the fact that the life convict has not availed any leave during his 9 years of imprisonment, we are inclined to grant 6 days of emergency leave to the petitioner/life convict, by invoking our powers under Article 226 of the Constitution of India.

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5. Accordingly, the impugned order No.218/Thau 2/2024 dated 20.02.2025, passed by the 2 nd respondent, is hereby quashed and the Writ Petition stands allowed. Consequently, the respondents herein are directed to grant 6 days of Emergency Leave “without escort” to the petitioner/life convict namely Balasubramani, S/o.Perumal, PID No.32136, presently confined in Central Prison, Salem, commencing from 15.08.2025 to 20.08.2025 , with a condition that the life convict shall report before the jurisdictional Police i.e. Thevoor Police Station, Salem, daily at 10.30 A.M . After expiry of the Emergency Leave, the life convict shall surrender before Page 3 of 6

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the Jail Authority on 20.08.2025 before 05.30 P.M . The prisoner shall utilize

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the leave only for the purpose for which it has been granted and shall not indulge in any other activities. No costs. Connected miscellaneous petition

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is closed.

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[M.S.R, J.] [V.L.N, J.]

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08.08.2025

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Index: Yes/No Speaking order/Non-speaking order

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Sni

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Note: Issue Order Copy on 14.08.2025.