IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Kumar – Appellant
Versus
Deputy Inspector General of Prisons – Respondent
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| 1. court evaluates the factual sufficiency of grounds for leave rejection. (Para 1 , 2 , 3 , 4) |
(Order of the Court was made by Sunder Mohan J.)
The brother of the convict prisoner aggrieved by the order rejecting the request for grant of ordinary leave, has filed this petition.
2. The petitioner’s brother viz., Kumar, S/o.Periyannan, aged 40, years, was convicted for the major offence under Section 302 of the IPC and sentenced to life imprisonment and he is undergoing imprisonment, admittedly, for more than twelve years. By the impugned order, the respondents have rejected the request for leave on the ground that the reasons for leave are not true.
3. The learned counsel for the petitioner would submit that the convict prisoner’s mother is aged about 78 years and his presence is required for making arrangements for their livelihood and also for meeting his aged mother, who requires continuous medical treatment.
4. The learned counsel for Government of Tamil Nadu (Criminal Side), appearing for the respondents per contra submitted that though the convict prisoner is eligible for leave, the Probation Officer found that the reasons stated were not true; and that there is n
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