Ilakkiya v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Ilakkiya ... Petitioner Vs.
1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, O/o. 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 Respondent Nos.1 and 2 to grant ordinary leave to the period of 30 days to the petitioner's husband namely, Vairamuthu (CP.No. 5429) has been convicted and sentenced to Life Imprisonment with Rs.5,000/- fine in 1/5
S.C.No.11/2012, U/s.449, 302, 392 r/w 397 IPC on 27.10.2014 by considering petitioner representation dated on 21.12.2024. For Petitioner : Mr.S.M.A.Jinnah 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 is the wife of the convict. Her husband is undergoing life sentence in Central Prison, Madurai. It is a case of murder for gain.
3.Taking into account the reasons projected in the affidavit filed in support of the writ petition, we direct the third respondent to grant seven
(7) days emergency leave for the convict with necessary escort. 2/5
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Vairamuthu [Convict Prisoner No.5429] now detained at Central Prison, Madurai is granted emergency leave for seven (7) days from 22.01.2025 to 28.01.2025 with necessary escort. (b) The convict prisoner shall be released from the prison at 05.00 p.m., on 21.01.2025 and he shall return to the prison at 10.00 a.m., on 29.01.2025. (c) The concerned authority 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.
(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.,) 20.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 21.01.2025.
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To:- 1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, O/o. the Superintendent of Police, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 20.01.2025 5/5