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2025 Supreme(Online)(MAD) 16032
HIGH COURT OF MADRAS
M.S. RAMESH, N.SENTHILKUMAR, JJ
PARIMALA W/o.Govindaraj – Appellant
Versus
The Home Secretary Home Department (prison) Secretariat Fort St. George, Chennai-600 009. – Respondent
WP No. 10116 of 2025
For the Appellants/Petitioners: M/s.P.M.Basil
For the Respondents: Mr.R.Muniyapparaj, Mr.M.Sylvester John
The court upheld the right to grant leave based on the convict's prior absence of leave, despite probation recommendations.
Headnote:This Writ Petition arises under Article 226 of the Constitution of India, concerning the petitioner seeking 21 days ordinary leave for her husband from Central Prison, Salem, for personal arrangements. The court assessed the Probation Officer’s report, ultimately granting leave due to the convict not having availed leave before. The question framed was whether leave can be granted despite the Probation Officer's recommendations. The court ruled in favor of the petitioner, granting a 21-day leave.
| Table of Content |
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| 1. probation officer's report contradicts leave request based on reasons. (Para 1 , 4) |
| 2. petition filed for ordinary leave for the convict to manage family needs. (Para 3) |
| 3. court grants leave, emphasizing past absence of leave taken. (Para 5 , 6) |
| 4. writ petition disposed with a grant of leave to the convict. (Para 7) |
and N.SENTHILKUMAR, J.
This Writ Petition has been filed to call for the records relating to the proceedings in No.8979/ R3/ 2025 by the 3rd respondent dated 14.02.2025 and quash the same and direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioners husband Govindaraj, S/o.Palani (PID No.387493) who is presently lodged in Central Prison, Salem.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 21 days of ordinary leave for her husband, without escort, on the ground that she requires the presence of her husband for making arrangements for school fees of her two children and for the purpose of legal formalities in respect of partition of her husband's ancestral property. Further, the convict has undergone 3 years, 1 month and 25 days of imprisonment.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 15.04.2025, in which, the Probation Officer has not recommended for grant of leave as the reasons assigned by the petitioner is said to be false.
5. Even though the Probation Officer has not recommended for grant of leave, considering the fact that so far, the convict prisoner had not availed any leave, we are inclined to grant ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India .
6. Accordingly, the convict viz., Govindaraj, S/o.Palani, PID No.387493, confined at Central Prison, Salem, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 02.05.2025 to 05.00 p.m of 22.05.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Manimangalam Police Station, daily at 05.00 p.m. 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 disposed of. No costs.
