Senthil Vs The State rep by its

Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining with an impugned order in No.765/Mu/2025 dated 08.07.2025 passed by the 1^st respondent and quash the same and consequently direct the respondents to grant 28 days leave without escort to the petitioner/Convict namely Mr.Senthil, S/o. Chinnapaiyyan (PID No. 2681).

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

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WP Crl.No. 556 of 2025

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For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

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ORDER

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(Made by Dr. ANITA SUMANTH, J.)

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The petitioner is a convict prisoner, presently confined in Central Prison, Salem. He has been undergoing conviction and sentence from 19.03.2015 onwards. Admittedly, he has not availed any leave thus far and the reason adduced by the learned counsel for petitioner is that his family resides in a rented house and if leave were to be granted with escort, that would prove a problem for the family in the rented premises.

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He has made a representation seeking leave without escort on 01.07.2025, which has come to be rejected under the present impugned order. The order of the Probation Officer does not reveal any valid reason for not recommending the leave sought. Furthermore, there is, admittedly, no embargo for the grant of leave in the petitioner’s case, under the Tamil Nadu Suspension of Sentence Rules, 1982.

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Having regard to the fact that the petitioner has been undergoing

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incarceration from 2015 onwards, and in the interests of substantial 2/5

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

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WP Crl.No. 556 of 2025 justice, the impugned order is set aside, and this writ petition is allowed.

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We direct the authorities to release Senthil, S/o. Chinnapaiyyan, Convict Prisoner, confined in Central Prison, Salem, for 28 days Ordinary Leave without escort, commencing from 09.04.2026 to 07.05.2026 without escort, on the following conditions:-

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(i) The Convict Prisoner shall be released on 09.04.2026 at 10.00 am and he shall surrender before the Superintendent of Prisons, Central Prison, Salem on 07.05.2026 by 10.30 a.m.

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(ii) The Convict Prisoner is directed to report before the Inspector of Police, Mettur Police Station everyday at 11.00 a.m., during the period of leave.

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(iii) 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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There shall be no order as to costs.

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Index:Yes/No Neutral Citation:Yes ssm

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Note to Registry : Issue Today

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