Murugan v. The Deputy Inspector General of Prisons,

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J. This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to grant 28 days ordinary leave for petitioner's brother namely Raji, S/o.Chellappa Koundar, aged about 42 years, Convict Prisoner, Convict No.734, Central Prison, Salem.

2.Learned counsel for the petitioner submitted that a representation dated 01.03.2025 was submitted to the respondents seeking for grant of 28 days ordinary leave to the petitioner's brother without escort. Since the convict prisoner has pending case registered at Alagapuram Police Station in Crime No.283/15 for the offence U/s.392 I.P.C. in C.C.No.196/2016 before the Judicial Magistrate No.V, Salem, the same was rejected by the respondents. Hence, the petitioner is before this Court.

¶3Learned Additional Public Prosecutor submitted that the leave request of the petitioner was rejected on the ground that the convict prisoner is not eligible for grant of leave as per Rule No.35 of Tamil Nadu Suspension of Sentence Rules, 1982, since he is having pending case against him in C.C.No.196/2016, before the Judicial Magistrate No.V, Salem.

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

¶5This Writ Petition stands allowed accordingly. There shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Raji @ Raja, S/o. Chellappa Kounder, Convict No.734, commencing from 30.08.2025 to 26.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Anathanapatti Police Station, Salem District, 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. [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 Prisons Chennai Range Prison Head Quarters Whannels Road Egmore Chennai 600 008

2.The Superintendent of Prisons Central Prison Salem

3.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J. kas

22.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Murugan ... Petitioner Vs. 1.The Deputy Inspector General of Prisons Chennai Range Prison Head Quarters Whannels Road Egmore Chennai 600 008 2.The Superintendent of Prisons Central Prison Salem ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant 28 days ordinary leave for petitioner's brother namely Raji, S/o.Chellappa Koundar, aged about 42 years, Convict Prisoner, Convict No.734, Central Prison, Salem. For Petitioner : M/s.S.Nadhiya For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor