Madras High Court
Ramalingam vs The Deputy Inspector General Of ... on 20 July, 2023
W.P.(MD)No.17267 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2023
CORAM :
THE HONOURABLE MR JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR
W.P.(MD) No.17267 of 2023
and
W.M.P(MD).No.14456 of 2023
Ramalingam .. Petitioner
vs.
1.The Deputy Inspector General of Prison
and Correctional Services,
Madurai Range, Madurai Central Prison Campus,
New Jail Road, Madurai - 625 016.
2.The Superintendent of Prison,
Central Prison, Palayamkottai,
Tirunelveli.
3.The Inspector of Police,
Vilathikulam Police Station,
Thoothukudi District. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India praying to
issue a writ of certiorarified mandamus calling for the records pertaining to
the impugned order passed by the first respondent in order No.1004/Utha.
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W.P.(MD)No.17267 of 2023
2/2023 dated 03.07.2023 and quash the same and consequently, direct the
first respondent to release the petitioner's son namely Ravi,
S/o.Ramalingam, Lct No.3316 in ordinary leave for 28 days without police
escort, as per Rule 22 of the Suspension of Sentence Rules, 1982, amended
Vide G.O(Ms.)No.205, Home (Prison V) Department, dated 25.04.2022.
For Petitioner : Mr.P.Karthick
For respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.S.RAMESH, J.]
The petitioner, whose son had been sentenced to life imprisonment by
Judgment of this Court in Crl.A(MD)No.161 of 2011 dated 04.03.2015
seeks for grant of ordinary leave for his son for a period of 28 days without
police escort under Rule 22 of the Tamil Nadu Suspension of Sentence
Rules, 1982.
2. The amended Rule 22 of the Tamil Nadu Suspension of Sentence
Rules, 1982 prescribes that when the prisoner, who has been sentenced to
life imprisonment, has completed three years of imprisonment, he would be
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W.P.(MD)No.17267 of 2023
eligible for grant of ordinary leave for a period of twenty one days during
the fourth and fifth years of imprisonment and not exceeding twenty eight
days from the sixth year of imprisonment to fourteenth year of
imprisonment, apart from leave of forty days during the rest of the term for
prisoners sentenced to life imprisonment.
3. Admittedly, the petitioner's son has not availed any ordinary leave
during his period of incarceration and has also completed eight years of
imprisonment. As such, he would be eligible for ordinary leave, which he
has sought for.
4. The procedure for grant of leave is prescribed under Rule 24 of
Tamil Nadu Suspension of Sentence Rules, 1982, as per which, the
Probation Officer has enquired into the feasibility of granting leave to the
petitioner's son and has sent his report to the prison authorities. While
doing so, the Probation Officer had also sought for the views of the local
jurisdictional Police Station, in order to ascertain that the likelihood of
breach of law and order, if any. While exercising such powers, the
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W.P.(MD)No.17267 of 2023
probation officer has favourably recommended the case of the petitioner's
son for grant of leave.
5. However, the Inspector of Police, Vilathikulam Police Station,
Thoothukudi, through a letter dated 14.03.2023 has made a vague statement
that if the petitioner's son is released on leave, there is likelihood that he
would abscond and breach of law and order is also imminent. On what
basis, such averments have been made has not been spelt out in the said
letter. When the probation officer has visited the petitioner's son's
residential area and had made a recommendation after due enquiries, though
the local police may be entitled to express their views, a letter with a vague
statement, without cogent reasons as to under what situation such breach of
law and order would arise, is not justified. In view of such a vague
statement, we are not inclined to accept the objections raised by the local
police. Even otherwise, the apprehension of the local police can be set
right, if the petitioner's son is subjected to the condition that he reports
atleast twice a day before the respondent Police. Consequently, the
petitioner's son would be entitled for leave sought for without police escort.
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W.P.(MD)No.17267 of 2023
6. At this juncture, the learned counsel appearing for the petitioner
would submit that though the petitioner has asked for grant of ordinary
leave for a period of 28 days to his son, he would be satisfied if the
petitioner's son is granted 20 days leave, in order to enable him to avail the
remaining days of leave, at later point of time.
7. In the light of the above observations and findings, the impugned
order passed by the first respondent in Order No.1004/Utha32/2023 dated
03.07.2023 is quashed. There shall be a direction to the second respondent
herein to forthwith pass orders granting ordinary leave to the petitioner's
son, namely, Ravi, S/o.Ramalingam, Lct.No.3316, for a period of twenty
days, with effect from 24.07.2023, without police escort and it is left open
to the second respondent to impose any reasonable condition. The
petitioner's son shall surrender before the second respondent immediately
after the period of ordinary leave expires. The petitioner's son shall report
before the Inspector of Police, Vilathikulam Police Station Thoothukudi
District, daily at 10.00 am and 05.00 pm, during his entire period of
ordinary leave.
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W.P.(MD)No.17267 of 2023
8. Accordingly, this writ petition stands allowed. No costs.
Consequently, the connected miscellaneous petition is closed,
(M.S.R., J.) (M.N.K., J.)
20.07.2023
NCC : Yes/No
Index : Yes/No
Speaking/Non-speaking order
mbi
To
1.The Deputy Inspector General of Prison
and Correctional Services,
Madurai Range, Madurai Central Prison Campus,
New Jail Road, Madurai - 625 016.
2.The Superintendent of Prison,
Central Prison,
Palayamkottai,
Tirunelveli.
3.The Inspector of Police,
Vilathikulam Police Station,
Thoothukudi District.
4.The Additional Public Prosecutor,
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W.P.(MD)No.17267 of 2023
Madurai Bench of Madras High Court,
Madurai.
M.S.RAMESH, J.
and
M.NIRMAL KUMAR, J.
mbi
W.P.(MD) No.17267 of 2023
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W.P.(MD)No.17267 of 2023
20.07.2023
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