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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Chellammal – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
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| 1. summary of facts involving the convict's status and denial of leave. (Para 1 , 2) |
| 2. court's discretion in evaluating probation officer reports over technical compliance. (Para 3) |
| 3. granting ordinary leave with specific regulatory conditions. (Para 4) |
(Order of the Court was made by G.R.SWAMINATHAN, J . )
Heard both sides.
2. The petitioner’s son namely, Karuppu @ Karuppusamy, S/o.Muthurasu [PID No.42608], is undergoing life sentence in the Central Prison, Coimbatore. He was convicted for the offences under Sections 302 (2 counts), 449, 404 and 381 of IPC. So far, he has undergone more than 9 years of imprisonment. The petitioner submitted an application to the respondents seeking grant of 28 days ordinary leave. The said request was rejected on the ground that the Probation Officer has not recommended the convict prisoner’s case. Challenging the impugned order, the writ petition has been filed.
3. We went through the report of the Probation Officer. It is seen that even though the Probation Officer has endorsed the case of the petitioner almost in all aspects, the Probation Officer declined to recommend it on the ground that the reason cited by the writ petitioner wa
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