Manjula v. The Director General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN AND THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN
1. MANJULA W/o. Jagan, Vadakarai Village, Konur Post, Thittakudi Post, Cuddalore District.
Petitioner(s) Vs
1. The Director General Of Prison O/o The Director General of Prison, Whanells Road, Egmore Chennai district-600 008 2.The Deputy Director General Of Prison O/o The Director General of Prison, Whanells Road, Egmore Chennai District- 600 008.
3.The Superintendent Of Prison Central Prison Cuddalore, Cuddalore District.
Respondent(s)
PRAYER To call for the records in Proceeding Vide.No.974284/Tha.Ku.2/2025 dated 02.05.2025 by the 3rd respondent and quash the same and further directed the respondent 1 to 3 to Ordinary emergency leave 30 days without escort to the Convict Prisoner namely Mr. Manikandan S/o. Murugaiyan CT.No.16892 now confine in 3rd respondent Prison, for the purpose of for attending the family function and perform customary ceremonies In pursuant to petitioner representation dated 29.04.2025.
For Petitioner(s):
Mr. P.Muthamizh Selvakumar For Respondent(s):
Mr.E. Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by G.R.SWAMINATHAN J.) The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records in Proceeding Vide.No.974284/Tha.Ku.2/2025 dated 02.05.2025 by the 3 rd respondent and quash the same and further directed the respondent 1 to 3 to Ordinary emergency leave 30 days without escort to the Convict Prisoner namely Manikandan S/o. Murugaiyan CT.No.16892 now confine in 3 rd respondent Prison, for the purpose of for attending the family function and perform customary ceremonies in pursuant to petitioner's representation dated 29.04.2025.
2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor and perused the materials placed before this Court.
3. The petitioner's brother is undergoing life sentence in the Central Prison, Cuddalore. He was convicted for the offence punishable under Sections 5 (n), 6 of POCSO r/w Section 376 and Section 506 (ii) of I.P.C and he has so far, spent six years in prison. He is eligible for 28 days Ordinary Leave and the prisoner through his counsel, is undertaking that he will not visit the village of the victim or come in contact with the victim or her family members during his leave period. The said undertaking is recorded.
4. It is made clear that if the undertaking is breached, severe consequences will ensue. Considering the reasons projected in the Writ Petition, we direct the second respondent to grant 28 days Ordinary Leave for the prisoner namely, Manikandan, S/o. Murugaiyan, CT No.16892, now confined at Central Prison, Cuddalore, without escort commencing from 10.00 am on 26.05.2025 to 05.00 p.m of 22.06.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Virudhachalam Police Station, Cuddalore District, daily at 05.00 p.m.
5. Accordingly, the Writ Petition stands allowed. No costs. (G.R.SWAMINATHAN J.) (V.LAKSHMINARAYANAN J.) 21-05-2025 asi/ar Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The Director General Of Prison O/o The Director General of Prison, Whanells Road, Egmore Chennai District-600 008 2.The Deputy Director General Of Prison O/o The Director General of Prison, Whanells Road, Egmore Chennai District- 600 008.
3.The Superintendent Of Prison Central Prison Cuddalore, Cuddalore District.
4. The Inspector of Police, Virudhachalam Police Station, Cuddalore District.
5. The Public Prosecutor High Court of Madras, Chennai.
G.R.SWAMINATHAN J.
AND V.LAKSHMINARAYANAN J.
asi/ar 21-05-2025