Amul v. The Deputy Inspector General Of Prisons
2024:MHC:3647
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and W.M.P.No.33399 of 2024 Amul ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Prison Headquarters, Egmore, Chennai.
2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order No.CPPU1/2417/2024-R2 dated 24.09.2024 passed by respondent 2 and quashing the same and directing the respondents to grant 6 days emergency leave for the petitioner namely Karthick S/o.Jayapal Convict No.8815, Convict Prisoner, Central Prison, Puzhal. For Petitioner : Ms.S.Nadhiya 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 calling for the records in the order No.CPPU1/2417/2024-R2 dated 24.09.2024 passed by respondent 2 and quashing the same and directing the respondents to grant 6 days emergency leave for the petitioner namely Karthick S/o.Jayapal Convict No.8815, Convict Prisoner, Central Prison, Puzhal.
2.
The reason stated in the order impugned is that there is no provision to grant emergency leave as requested by the petitioner in the application.
3.
Learned counsel for the petitioner would submit that both the father and the mother of the prisoner are bed ridden and therefore, the prisoner has to spend some time with his parents to provide treatment. The probation officer also recommended the case of the prisoner for grant of emergency leave. 4.
Considering the fact that the prisoner wants emergency leave to attend his parents, we are inclined to consider the emergency leave for 6 days from 29.10.2024 to 03.11.2024.
5. Accordingly, the convict prisoner viz., Karthick S/o.Jayapal Convict
No.8815, Convict Prisoner, Central Prison, Puzhal, is hereby granted emergency leave for a period of 6 days, without escort commencing from 29.10.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Karthick S/o.Jayapal Convict No.8815, Convict Prisoner, Central Prison, Puzhal on emergency Leave for a period of 6 days i.e., from 29.10.2024 to 03.11.2024. (ii) The Convict Prisoner shall be released on 29.10.2024 at 10.00 am and surrender before the Superintendent, Central Prison I, Puzhal, on 03.11.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, P2 Otteri Police Station, Chennai everyday at 10.30 a.m, during the period of leave.
(iv) 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.
6.
Accordingly, the writ petition stands allowed. No Costs. Consequently, the connected Miscellaneous Petition is closed. [S.M.S., J.] [V.S.G., J.] 25.10.2024 Index: Yes/No Speaking/Non-speaking order gd
To The Deputy Inspector General of Prisons, Prison Headquarters, Egmore, Chennai.
2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.
3. The Inspector of Police, P2 Otteri Police Station, Chennai
4. The Public Prosecutor High Court of Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd 25.10.2024