Kupulakshmi v. 1.The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Additional

grant ordinary leave 30 days without escort to the life Convict Mr. Thiyagarajan, S/o Arumugam (CT. No 15534) now confine in 3rd respondent prison, for the purpose of “to making the arrangements and performing the customary sacramental of 30th day of his deceased mother” in pursuant to petitioner representation dated 30.07.2024. W.P.No.24209 of 2024 For Petitioner : Mr.P.Muthamishselvakumar For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted challenging the order of rejection of leave application passed by the Superintendent of Police, Cuddalore Central Prison in proceedings Vide No 11832 / Tha. Ku. 2 / 2024 dated 05.08.2024.

2. The application submitted by the petitioner seeking ordinary leave was rejected, mainly on the ground that, the convict prisoner at earlier occasions, on expiry of leave had not returned to the jurisdictional authority. Two such occasions are reported in the impugned order. One occurred in July 2003, after expiry 30 days of ordinary leave and another occurred in November 2010, on expiry of one day of emergency leave granted to the convict prisoner. On the first occasion, for long term, the convict prisoner has not returned to jail and the police authorities subsequently arrested him and lodged him in prison. Questioning the previous conduct of the convict prisoner, the Superintendent of police rejected the leave application filed on behalf of the convict prisoner. W.P.No.24209 of 2024

3. We considered the facts and circumstances. Both instances referred in the order impugned pertains to the years 2003 and 2010. Thereafter, the convict prisoner is in prison for about 14 years without earning any adverse remarks. When there is no adverse remarks for 14 years, from 2010 to 2024, the authorities competent would have considered the leave application submitted by the convict prisoner for ordinary leave.

4. The learned Additional Public Prosecutor submitted that on

15.07.2024, the convict prisoner availed one day emergency leave on account of the death of his mother. After attending the death ceremony, the convict prisoner returned to the prison authority. More so, the earlier conduct was of the year 2010 and now 14 years have been lapsed.

5. The convict prisoner filed a sworn affidavit before this Court stating that he will surrender before the jurisdictional authorities on expiry of the leave period. The relevant portion of the affidavit is W.P.No.24209 of 2024 extracted as follows, “5. I state that, in sofar reason my leave application has been rejected by the 3rd respondent, I was very well known the consequences of absconding and not return the prison in time, herein after I never do the same and duly complied the condition imposed by the Court and return the prison as in time. I am the panel of premature release I know that if I am not return the prison as stipulated time I will loss the great opportunity and be another decade as a convict, I given the undertaken before this Court that I will return the prison as in time and not absconded anywhere. If not return so far I bound to be responsible of the consequences.”

6. Considering the facts and circumstances, we are inclined to consider the 28 days of ordinary leave to the convict prisoner. Accordingly, the impugned order made in Proceedings No 11832 / Tha. Ku. 2 / 2024 dated 05.08.2024. is quashed. W.P.No.24209 of 2024

7. Accordingly, the convict prisoner viz.,Thiyagarajan, S/o Arumugam (CT. No 15534) now confined at Cuddalore Central Prison, Cuddalore District, is hereby granted ordinary leave for a period of 28 days, without escort commencing from 13.09.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Thiyagarajan, S/o Arumugam (CT. No 15534) now confined at Cuddalore Central Prison, Cuddalore District, on Ordinary Leave for a period of 28 days i.e., from 13.09.2024 to

10.10.2024. (ii) The Convict Prisoner shall be released on 13.09.2024 at 10.00 am and surrender before the Superintendent, Cuddalore Central Prison, Cuddalore District, on 10.10.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, Palani Town Police Station twice in a week at 05.30 pm, during the period of leave. (iv) The convict prisoner is directed not to leave the territorial jurisdiction of Palani Police Station. (v) 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. W.P.No.24209 of 2024

8. Accordingly, the writ petition stands disposed of. No Costs.

9. For reporting compliance, post the matter on 14.10.2024. [S.M.S., J.] [V.S.G., J.]

09.09.2024 Index: Yes/No Speaking/Non-speaking order To 1.The Home Secretary, Home Department, W.P.No.24209 of 2024 Secretariat, Fort St.George, Chennai – 600 009.

2.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai – 600 008.

3.The Superintendent of Prisons, Cuddalore Central Prison, Cuddalore District.

4. The Public Prosecutor, High Court of Madras. W.P.No.24209 of 2024 S.M.SUBRAMANIAM, J. AND V.SIVAGNANAM, J. W.P.No.24209 of 2024

09.09.2024

grant ordinary leave 30 days without escort to the life Convict Mr. Thiyagarajan, S/o Arumugam (CT. No 15534) now confine in 3rd respondent prison, for the purpose of “to making the arrangements and performing the customary sacramental of 30th day of his deceased mother” in pursuant to petitioner representation dated 30.07.2024. W.P.No.24209 of 2024 For Petitioner : Mr.P.Muthamishselvakumar For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted challenging the order of rejection of leave application passed by the Superintendent of Police, Cuddalore Central Prison in proceedings Vide No 11832 / Tha. Ku. 2 / 2024 dated 05.08.2024.

2. The application submitted by the petitioner seeking ordinary leave was rejected, mainly on the ground that, the convict prisoner at earlier occasions, on expiry of leave had not returned to the jurisdictional authority. Two such occasions are reported in the impugned order. One occurred in July 2003, after expiry 30 days of ordinary leave and another occurred in November 2010, on expiry of one day of emergency leave granted to the convict prisoner. On the first occasion, for long term, the convict prisoner has not returned to jail and the police authorities subsequently arrested him and lodged him in prison. Questioning the previous conduct of the convict prisoner, the Superintendent of police rejected the leave application filed on behalf of the convict prisoner. W.P.No.24209 of 2024

3. We considered the facts and circumstances. Both instances referred in the order impugned pertains to the years 2003 and 2010. Thereafter, the convict prisoner is in prison for about 14 years without earning any adverse remarks. When there is no adverse remarks for 14 years, from 2010 to 2024, the authorities competent would have considered the leave application submitted by the convict prisoner for ordinary leave.

4. The learned Additional Public Prosecutor submitted that on

15.07.2024, the convict prisoner availed one day emergency leave on account of the death of his mother. After attending the death ceremony, the convict prisoner returned to the prison authority. More so, the earlier conduct was of the year 2010 and now 14 years have been lapsed.

5. The convict prisoner filed a sworn affidavit before this Court stating that he will surrender before the jurisdictional authorities on expiry of the leave period. The relevant portion of the affidavit is W.P.No.24209 of 2024 extracted as follows, “5. I state that, in sofar reason my leave application has been rejected by the 3rd respondent, I was very well known the consequences of absconding and not return the prison in time, herein after I never do the same and duly complied the condition imposed by the Court and return the prison as in time. I am the panel of premature release I know that if I am not return the prison as stipulated time I will loss the great opportunity and be another decade as a convict, I given the undertaken before this Court that I will return the prison as in time and not absconded anywhere. If not return so far I bound to be responsible of the consequences.”

6. Considering the facts and circumstances, we are inclined to consider the 28 days of ordinary leave to the convict prisoner. Accordingly, the impugned order made in Proceedings No 11832 / Tha. Ku. 2 / 2024 dated 05.08.2024. is quashed. W.P.No.24209 of 2024

7. Accordingly, the convict prisoner viz.,Thiyagarajan, S/o Arumugam (CT. No 15534) now confined at Cuddalore Central Prison, Cuddalore District, is hereby granted ordinary leave for a period of 28 days, without escort commencing from 13.09.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Thiyagarajan, S/o Arumugam (CT. No 15534) now confined at Cuddalore Central Prison, Cuddalore District, on Ordinary Leave for a period of 28 days i.e., from 13.09.2024 to

10.10.2024. (ii) The Convict Prisoner shall be released on 13.09.2024 at 10.00 am and surrender before the Superintendent, Cuddalore Central Prison, Cuddalore District, on 10.10.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, Palani Town Police Station twice in a week at 05.30 pm, during the period of leave. (iv) The convict prisoner is directed not to leave the territorial jurisdiction of Palani Police Station. (v) 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. W.P.No.24209 of 2024

8. Accordingly, the writ petition stands disposed of. No Costs.

9. For reporting compliance, post the matter on 14.10.2024. [S.M.S., J.] [V.S.G., J.]

09.09.2024 Index: Yes/No Speaking/Non-speaking order To 1.The Home Secretary, Home Department, W.P.No.24209 of 2024 Secretariat, Fort St.George, Chennai – 600 009.

2.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai – 600 008.

3.The Superintendent of Prisons, Cuddalore Central Prison, Cuddalore District.

4. The Public Prosecutor, High Court of Madras. W.P.No.24209 of 2024 S.M.SUBRAMANIAM, J. AND V.SIVAGNANAM, J. W.P.No.24209 of 2024

09.09.2024