Case Note & Summary
The petitioner, Kannammal, mother of the prisoner Paramasivam, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 03.12.2024 passed by the Superintendent of Prison, Cuddalore, rejecting the prisoner's application for ordinary leave. The prisoner, aged 45, was serving a sentence at Central Prison, Cuddalore, and had been in actual imprisonment for more than ten years. The rejection was based on the fact that the prisoner had previously absconded after being granted emergency leave, leading to the registration of Crime No.158 of 2018 under Section 224 IPC, and was arrested after about 10½ years. The petitioner's counsel argued that the court had earlier granted ordinary leave to the prisoner in W.P.No.5801 of 2024 on 20.03.2024 with escort. The court considered that the prisoner was eligible for ordinary leave under the Tamil Nadu Suspension of Sentence Rules and that on the earlier occasion, ordinary leave was granted with escort. Consequently, the court set aside the impugned order and granted ordinary leave for 28 days with escort, commencing from 24.01.2025 at 10:30 A.M., with the prisoner to surrender by 5:30 P.M. on 20.02.2025. The writ petition was allowed with no costs.
Headnote
A) Prison Law - Ordinary Leave - Eligibility - Tamil Nadu Suspension of Sentence Rules - Prisoner who had absconded on earlier emergency leave was denied ordinary leave by Superintendent - Court held that the prisoner, having served over ten years, was eligible for ordinary leave and that the earlier absconding did not warrant outright rejection, especially since ordinary leave with escort was previously granted - Impugned order set aside and leave granted with escort (Paras 1-3).
Issue of Consideration
Whether the rejection of ordinary leave application by the Superintendent of Prison on the ground of previous absconding is sustainable
Final Decision
The impugned order dated 03.12.2024 is set aside. The prisoner Paramasivam is granted ordinary leave for 28 days with escort, commencing from 24.01.2025 10:30 A.M., and shall surrender before the third respondent by 5:30 P.M. on 20.02.2025. The writ petition is allowed with no costs.
Law Points
- Prisoner eligible for ordinary leave under Tamil Nadu Suspension of Sentence Rules
- previous absconding not an absolute bar
- court can grant leave with escort conditions
Case Details
2025 LawText (MAD) (01) 228
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Ms.R.Madhubala, Mr.R.Muniyapparaj
State represented by Home Secretary, Additional Director General of Police (Prison), Superintendent of Prison, Cuddalore, Inspector of Police, Tittagudi Police Station
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Nature of Litigation
Writ petition challenging rejection of ordinary leave application for a prisoner
Remedy Sought
Petitioner sought quashing of impugned order dated 03.12.2024 and direction to grant parole for 40 days without escort to her son Paramasivam
Filing Reason
Rejection of leave application by Superintendent of Prison on ground of previous absconding
Previous Decisions
This Court had granted ordinary leave to the prisoner on earlier occasion in W.P.No.5801 of 2024 vide order dated 20.03.2024 with escort
Issues
Whether the rejection of ordinary leave application on the ground of previous absconding is valid
Whether the prisoner is entitled to ordinary leave under Tamil Nadu Suspension of Sentence Rules
Submissions/Arguments
Petitioner's counsel submitted that this Court had earlier granted ordinary leave with escort
Respondents opposed the grant of leave citing the prisoner's previous absconding
Ratio Decidendi
A prisoner who has served more than ten years and is eligible for ordinary leave under the Tamil Nadu Suspension of Sentence Rules should not be denied leave solely on the ground of previous absconding, especially when the court had previously granted ordinary leave with escort. The court can impose conditions such as escort to mitigate risks.
Judgment Excerpts
The impugned order of rejection of leave application by the Superintendent of Prison, Cuddalore in proceeding dated 03.12.2024 reveals that the prisoner, on earlier occasion, absconded on expiry of emergency leave granted to him.
Considering the fact that on earlier occasion, ordinary leave was granted to the prisoner with escort, we are inclined to pass the following order:-
Procedural History
The prisoner's leave application was rejected by the Superintendent of Prison, Cuddalore on 03.12.2024. The petitioner filed W.P.No.39676 of 2024 before the Madras High Court challenging the rejection. The court heard the matter and passed the order on 20.01.2025.
Acts & Sections
- Constitution of India: Article 226
- Indian Penal Code, 1860 (IPC): Section 224
- Tamil Nadu Suspension of Sentence Rules:
