Annaperumayi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Annaperumayi ... Petitioner Vs.
1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.
2.The Additional Director General of Police (Prisons) / The Inspector General of Police, Office of ADGP (Prisons)/ I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai - 8.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Madurai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5
respondents to grant 10 days emergency leave without escort to the petitioner's husband namely Jeyakodi, S/o.Mokkaraj a life convict prisoner (C.P.No.5361) now confined at Central Prison, Madurai for the purpose of attending death ceremony relating to petitioner's mother in law for a period of 10 days by considering i.e., from 07.01.2025 to 09.01.2025 by considering the petitioner's representation dated 14.10.2024.
For Petitioner : Mr.A.K.Azagar Sami For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.
ORDER
(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.
2.The petitioner's husband is undergoing life sentence in Central Prison, Madurai. The convict's mother had passed away on 31.12.2024. The inmate has to perform the final obsequies and ceremonies. They are scheduled to be held on 07.01.2025 to 09.01.2025. 2/5
3.Taking into account the special circumstances, we direct the third respondent to grant emergency leave for the aforesaid period. The leave is granted with necessary escort. The fourth respondent is directed to make available the escorts.
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Jeyakodi, S/o.Mokkaraj, [Convict Prisoner No.5361] now detained at Central Prison, Madurai is granted emergency leave for three (3) days from 07.01.2025 to 09.01.2025 with necessary escort.
(b) The convict prisoner shall be released from the prison at 07.00 a.m., on 07.01.2025 and he shall return to the prison at 07.00 p.m., on 09.01.2025. (c) The fourth respondent is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.
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(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.
(G.R.S. J.,) & (R.P. J.,) 06.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 06.01.2025.
To:- 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.
2.The Additional Director General of Police (Prisons) / The Inspector General of Police, Office of ADGP (Prisons)/ I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai - 8.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Madurai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 06.01.2025 5/5