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2024 Supreme(Online)(MAD) 11445

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN W.P.No.4353 of 2024 Soniya ... Petitioner Vs.

1.The State represented by its The Deputy Inspector General of Prison, Vellore Zone, Thorapadi, Vellore District.

2.The Superintendent of Central Prison, Vellore – II, Vellore District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 21 days (without police escort) by considering to representation dated 22.01.2024 to the convcited prisoner Selvamani, S/o.Selvaraj, Convict No.1176 Central Prison, Vellore.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.)

The petitioner's husband, who is a life convict and is confined in Central Prison, Vellore, was granted ordinary leave by the Jail Authority, through an order dated 21.02.2024 with escort. The petitioner is aggrieved against the condition of providing an escort during the leave period and hence, she has filed a present Writ Petition.

2. The report of the Probation Officer dated 09.01.2024 reveals the views of the concerned jurisdictional Inspector of Police dated 06.10.2023, stating that if the life convict comes out on leave, there is a danger to his life, as well as the opponents. Relying on the said report of the Probation Officer, the Jail Authority has imposed the condition of leave with escort.

3. The learned counsel for the petitioner would submit that the petitioner's husband intends to construct the house during this leave period and the presence of the Police may cause inconvenience to the life convict, as well as his family members.

4. In this background, we are of the view that if the condition of providing an escort is modified, by directing the life convict to report before the jurisdictional Police every day, the apprehension of the respondents also would be made.

5. Accordingly, the order of the Superintendent of Prison, Central Prison, Vellore - 2 passed in jF4-tHpff; hty;-2024. dated 21.02.2024, insofar it provides for escort during the leave period of 21 days, is modified and thereby, the life convict namely Selvamani, S/o.Selvaraj, Convict No.1176, shall be granted 21 days of ordinary leave without escort, commencing from 26.02.2024 to 17.03.2024. On expiry of the ordinary leave without escort, the life convict shall surrender before the prison authorities. During the period of this ordinary leave, the life convict shall report before Vanniyambadi Town Police Station, Thirupathur District, everyday at 10.30 am.

6. All other observations made in the order of the Superintendent of Prison dated 21.02.2024, shall remain intact.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Sni

7. With the above directions, the Writ Petition stands allowed. No costs.

[M.S.R., J] [S.M., J]

22.02.2024 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Sni To

1.The Deputy Inspector General of Prison, Vellore Zone, Thorapadi, Vellore District.

2.The Superintendent of Central Prison, Vellore – II, Vellore District.

3.The Public Prosecutor, High Court, Madras.

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