The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.

ORDER :

(M. Jothiraman, J.)

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order date on 23.11.2024 bearing No. 92853/ tha.ku.3/ 2024 passed by respondent No.2 and quashing the same, and directing the respondents to grant 28 days ordinary leave for the petitioner's brother Arulmurugan, S/o.Periyanna aged about 32 years, Convict Prisoner, Convict No.733, Central Prison, Salem.)

The rejection of the leave application by Superintendent of Prison in proceedings No. 92853/ tha.ku.3/ 2024 dated 23.11.2024, is sought to be assailed in the present writ proceedings.

2. The prisoner is in actual imprisonment for about 8 years. The leave application was rejected on the ground that reason stated in the application is found incorrect by the Probation Officer.

3. The Probation Officer, in his report, has stated that the reasons assigned by the petitioner for grant of leave is incorrect. On enquiry, the Probation Officer found that the mother of the prisoner is not taking any treatment as stated in the leave application. However, the learned Additional Public Prosecutor would submit that the conduct of the prisoner inside the prison was found to be satisfactory by the prison authorities.

4. In view of the favourable recommendation of the Probation Officer, we are inclined to invoke our powers under Article 226 of the Constitution of India, thereby granting required leave to the convict prisoner herein.

5. At this juncture, learned Additional Public Prosecutor submitted that the convict prisoner herein is eligible to avail only 21 days of ordinary leave.

6. Accordingly, the convict prisoner viz., Arulmurugan, S/o.Periyanna aged about 32 years, Convict Prisoner, Convict No.733, Central Prison, Salem., is hereby granted ordinary leave for a period of 21 days, without escort commencing from 11.01.2025 on the following conditions.

(i) Respondents are directed to release the Convict Prisoner viz., Arulmurugan, S/o.Periyanna aged about 32 years, Convict Prisoner, Convict No.733, Central Prison, Salem on Ordinary Leave for a period of 21 days i.e., from 11.01.2025 to 31.01.2025.

(ii) The Convict Prisoner shall be released on 11.01.2025 at 10.00 am and surrender before the Central Prison, Salem on 31.01.2025 at 05.00 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Anadanapatti Police Station, Salem District twice in a week on Monday and Thursday at 10.30 a.m., during the period of leave.

(iv) 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.

7. Accordingly, the writ petition stands allowed. No Costs. Consequently, the connected Miscellaneous Petitions, if any, are closed.