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2025 DAILYLAW 51610 (MAD)

VALARMATHI v. THE STATE REP. BY THE DEPUTY INSPECTOR GENERAL OF PRISON

WP/16256/2025 · 2025-07-11

M S Ramesh, V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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W.P.No.16256 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.No.16256 of 2025 Valarmathi .. Petitioner Vs. The State represented by its, 1.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai – 600 008. 2.The Superintendent, Central Prison I, Puzhal – 600 066. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 1 month without escort to the detenue, Arun @ Arun Kumar, aged about 33 years, LCT No.8134, confined at Central Prison, Puzhal-I, Chennai. 1/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 For Petitioner : Dr.S.Manoharan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor O R D E R (Order of the Court was made by M.S.RAMESH, J.) At the instance of the learned counsel for the petitioner, this matter is listed today under the caption “for being mentioned”. 2. On consideration of the submission made by the learned counsel for the petitioner, the jurisdictional police station i.e Sevvapet Police Station, Tiruvallur District, mentioned in paragraph 5 of the earlier order of this Court dated 11.07.2025 passed in W.P.No.16256 of 2025 shall be deleted and stands substituted as K-10, Koyambedu Police Station and a copy of the corrected order shall also be marked to K-10, Koyambedu Police Station. 2/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 3. All other findings and observations made in the earlier order dated 11.07.2025, shall remain intact. [M.S.R., J] [V.L.N, J] 18.07.2025 (Note: Registry is directed to carry out the above corrections and issue revised order copy to those concerned) Anu Note: Issue Order Copy on 21.07.2025 Upload the order copy forthwith M.S.RAMESH.J, 3/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 and V.LAKSHMINARAYANAN.J, W.P.No.16256 of 2025 18.07.2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS 4/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 DATED : 11.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.No.16256 of 2025 Valarmathi .. Petitioner Vs. The State represented by its, 1.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai – 600 008. 2.The Superintendent, Central Prison I, Puzhal – 600 066. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 1 month without escort to the detenue, Arun @ Arun Kumar, aged about 33 years, LCT No.8134, confined at Central Prison, Puzhal-I, Chennai. For Petitioner : Dr.S.Manoharan For Respondents : Mr.E.Raj Thilak 5/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 Additional Public Prosecutor O R D E R (Order of the Court was made by M.S.RAMESH, J.) The petitioner has sent a representation to the respondents dated 26.03.2025 seeking two months of leave to her son / life convict. Since the said representation has not been considered till date, the present writ petition has been filed for a direction to the respondents to grant one month ordinary leave without escort to the petitioner's son / life convict viz., Arun @ Arun Kumar, S/o.Semonraj, aged about 33 years, LCT No.8134, confined at Central Prison, Puzhal – I, Chennai. 2.The learned counsel for the petitioner submitted that the petitioner's son / life convict has to take treatment for his broken left hand ring finger. He further submitted that the life convict has undergone more than 7 years of imprisonment and the life convict has not availed any leave so far and therefore sought for grant of ordinary leave to the life convict. 3.The learned Additional Public Prosecutor has produced the performa of the life convict dated 08.07.2025 and also a letter from The 6/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 Medical Officer, Central Prison-I, Puzhal, dated 09.07.2025. He further produced the report of the Probation Officer dated 24.04.2025, which states that there are no documents available with the petitioner regarding the prescription of the Doctor that the life convict has to undergo surgery and hence, she has not recommended for grant of leave. 4.Though the PO has not recommended for grant of leave to the life convict, we have taken into consideration the fact that the life convict has not availed any leave so far during his seven years of imprisonment period as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 28 days of ordinary leave to the petitioner's son/life convict, by invoking our powers under Article 226 of the Constitution of India. 5.Accordingly, there shall be a direction to the respondents herein, to grant 28 days ordinary leave “without escort” to the petitioner's son/life convict namely Arun @ Arun Kumar, S/o.Semonraj, aged 36 years, LCT No.8134 (PID No.282227), confined at Central Prison-I, Puzhal, Chennai, commencing from 17.07.2025 to 13.08.2025, with a condition that the life convict shall report before the jurisdictional Police 7/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 i.e. Sevvapet Police Station, Tiruvallur District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 13.08.2025 before 05.30 P.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. 6.With the above direction, the Writ Petition stands allowed. No costs. (M.S.R., J) (V.L.N., J) 11.07.2025 krk Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No NOTE : Issue order copy on 16.07.2025. To 1.The State represented by its, The Deputy Inspector General of Prison, Chennai Range, 8/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 Egmore, Chennai – 600 008. 2.The Superintendent, Central Prison I, Puzhal – 600 066. 3.The Inspector, Sevvapet Police Station, Tiruvallur District. 4.The Public Prosecutor, High Court, Madras. M.S.RAMESH, J. and V.LAKSHMINARAYANAN, J. krk 9/10 https://www.mhc.tn.gov.in/judis W.P.No.16256 of 2025 W.P.No.16256 of 2025 11.07.2025 10/10 https://www.mhc.tn.gov.in/judis