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2025 DIGILAW 2685 (MAD)

P. Shanthi v. Superintendent of Prisons, Central Prison-I (Convict)

2025-06-20

M.S.RAMESH, V.LAKSHMINARAYANAN

body2025
ORDER : M.S.RAMESH, J. This Writ Petition has been filed for issuance of Writ of Mandamus, for a direction to the respondent to dispense with the escorts and release the petitioner's brother/detenue namely S.Saravanan, son of Subramani, convict prisoner No.6960 at Central Prison-I, Puzhal – 600066 in Parole. 2. The petitioner states that her brother namely, S.Saravanan was charged for the offence under Section 302 of I.P.C and convicted for the offence under Section 304 (Part-I) of I.P.C and sentenced to undergo 10 years Rigorous Imprisonment by the learned VII Additional Sessions Judge, Chennai, in S.C.No.306 of 2013 dated 05.03.2018. 3. The petitioner made a representation on 03.07.2024 to the respondent seeking premature release of the convict prisoner, who has completed 50% or above of actual imprisonment as on 03.07.2024. This Court by an order dated 18.03.2025 in W.P.No.23592 of 2024 directed the respondent to consider the representation dated 03.07.2024 and pass orders within a period of four weeks. 4. The respondent, by letter dated 03.01.2025, granted 28 days of ordinary leave to the detenu with escort. The petitioner has filed this writ petition seeking dispense with the escorts and to release the petitioner's brother/detenu namely S.Saravanan, S/o.Subramani, in parole. 5. The learned counsel for the petitioner submitted that the detenu has undergone more than 50% of the actual imprisonment. 6. The learned Additional Public Prosecutor has produced the report of the Probation Officer dated 08.11.2024, which evidences that the probation officer has recommended for grant of ordinary leave to the detenu, with a condition that the detenu shall sign before the jurisdictional police station during the leave period. 7. By taking into consideration the report of the Probation Officer, recommending for grant of leave, as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 28 days of ordinary leave to the petitioner's brother/convict prisoner. 8. Accordingly, the respondent is directed to grant 28 days Ordinary Leave “with escort” to the petitioner's brother/convict prisoner namely S.Saravanan, S.o.Subramani, aged about 54 years, CT.No.6960 (PID No.68714) confined at Central Prison-I, Puzhal – 600 066, commencing from 20.06.2025 to 17.07.2025 , with a condition that the convict prisoner shall report and sign before the jurisdictional Police i.e. N2 Kasimedu Police Station, Chennai, daily at 10.30 a.m . After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 17.07.2025 before 05.30 p.m . The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. 9. With the above directions, this Writ Petition stands disposed of. No costs.