Kalarani v. The State Rep by the Deputy Inspector of Police

ORDER

M.S.RAMESH, J. AND

V.LAKSHMINARAYANAN, J. This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records connected with impugned order dated 08.01.2025 in proceedings No.642266/Thaku2/ 2025 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 viz. Balamurugan, S/o.Krishnamoorthy, aged about 44 years, bearing convict No.14722 (PID No.82867) confined at Central Prison-I, Puzhal.

2.Learned counsel for the petitioner submitted that a representation dated 07.01.2025 was submitted to the second respondent seeking for grant of 28 days ordinary leave to the petitioner's husband. The same was rejected by the 2nd respondent vide impugned proceedings No.642266/Thaku2/ 2025 dated 08.01.2025. Hence the petitioner is before this Court.

¶3Learned Additional Public Prosecutor submitted that the leave request of the petitioner was rejected on two grounds that the convict prisoner is a convict U/s.392 IPC, hence, he is not eligible as per Rule No.21 (b) of Tamil Nadu Suspension of Sentence Rules, 1982, secondly, he is having pending cases before the Principal Sessions Court, Virudhachalam (Karuveppilankurichi Police Station in Crime No.51 of 2013 for the offence U/s.395 I.P.C.) and Assistant Sessions Court, Neyveli (Neyveli Thermal Police Station, Crime No.29 of 2013, U/s.399 I.P.C.).

¶4Though the representation of the petitioner was rejected vide impugned proceedings dated 08.01.2025, we are inclined to grant 28 days ordinary leave to the convict prisoner.

¶5This Writ Petition stands allowed accordingly. The impugned proceedings No.642266/Thaku2/ 2025 dated 08.01.2025 passed by the 2nd respondent is hereby set aside. Consequently, there shall be a direction to the 2nd respondent herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Balamurugan, S/o. Krishnamoorthy, aged about 44 years, Convict No.14722, lodged in Central Prison, Cuddalore, commencing from 30.08.2025 to 26.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Panruti Police Station, Cuddalore, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 27.09.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. Consequently, connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.]

22.08.2025 kas Index: Yes / No Speaking / Non Speaking Note: Issue order copy on 26.08.2025 To

1.The Deputy Inspector General of Prison Vellore Circle Vellore District 632 002

2.The Superintendent Cuddalore Central Prison Cuddalore 607 004

3.The Public Prosecutor High Court of Madras Chennai W.P.No.11647oofo2025 M.S.RAMESH,oJ. and V.LAKSHMINARAYANAN,oJ. kas W.P.No.11647oofo2025 andoW.P.M.P.No.13160oofo2025

22.08.2025 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.P.M.P.No.13160 of 2025 Kalarani ... Petitioner Vs. 1.The State represented by its The Deputy Inspector General of Prison Vellore Circle Vellore District 632 002 2.The Superintendent Cuddalore Central Prison Cuddalore 607 004 ... Respondents 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 08.01.2025 in proceedings No.642266/Thaku2/2025 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 viz. Balamurugan, S/o.Krishnamoorthy, aged about 44 years, bearing convict No.14722 (PID No.82867) confined at Central Prison-I, Puzhal. For Petitioner : Ms.S.Sadhana For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor