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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, M. JOTHIRAMAN
Kumar – Appellant
Versus
Deputy Inspector General of Prisons, Chennai Range – Respondent
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 submi
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
The duty of the Probation Officer to provide sufficient reasons for not recommending the grant of leave to a convict prisoner, and the consequences of a non-speaking order.
A convict who has previously absconded and failed to comply with conditions set for leave is ineligible for further ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982.
The central legal point established in the judgment is that the pendency of an appeal before the Hon'ble Supreme Court does not necessarily bar the grant of ordinary leave to a convict prisoner, espe....
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