Kousalya Vs The Home Secretary, Home

Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the third respondent in his proceedings made in Letter dated 28.04.2025 and quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort, to Mr.Vivek, S/o Srinivasan, presently incarcerated at Central Prison, Puzhal-I, Chennai, bearing PID No.372547.

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

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W.P.(Crl).No.424 of 2025

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For petitioner : M/s.Ambruse.L

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For respondents: Mr.R.Muniyapparaj, Addl.P.P assisted by Mr.M.Sylvester John

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ORDER

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(The Order of the Court was made by P.Velmurugan,J)

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The petitioner has filed the present Writ Petition (Criminal), praying to call for the records of the third respondent in his proceedings made in Letter dated 28.04.2025 and quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort, to Mr.Vivek, S/o Srinivasan, presently incarcerated at Central Prison, Puzhal-I, Chennai, bearing PID No.372547.

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The petitioner has now applied for ordinary leave for 28 days. The main contention of the learned counsel for the petitioner is that the reason for rejection of the leave by the third respondent is that the detenu has not completed the imprisonment of three years and hence, he is not eligible for the ordinary leave.

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In the representation of the petitioner, it is stated that the reason for the ordinary leave is for giving treatment to his mother. However, the Probationary Officer was of the view that the leave sought for is not genuine.

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

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W.P.(Crl).No.424 of 2025

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Though the detenu is not entitled for ordinary leave, since he has not completed the imprisonment for three years and since the reason stated comes under the "Special Category", the maximum period of leave that the petitioner is entitled for is "emergency leave" for six days alone.

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Accordingly, the convict prisoner Mr.Vivek, S/o Srinivasan (Convict No.372547) is granted six days emergency leave alone from 16.12.2025 to 21.12.2025 with escort. After expiry of the said emergency leave, the convict prisoner shall surrender himself with escort, before the Jail Authorities on or before 10.00 am on 22.12.2025. 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. The petitioner is directed to bear the expenses of one escort, either onward or return.

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