Pandiaraj v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Pandiaraj ... 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, Theni 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 respondents Nos.1 and 2 to grant ordinary leave to the period of 30 days to the petitioner's brother namely Suresh (CP No. 6030) who is convicted U/s.316 IPC and sentenced for 10 years with Rs.10,000 /- fine and U/s/.302 IPC and sentenced for life imprisonment with Rs.1,000 /- fine 1/5
by the Madras High Court, Madurai Bench is languishing in the Central Prison, Madurai for the past 4 years by considering petitioner's representation dated on 11.12.2024.
For Petitioner : Mr.R.Vignesh 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 younger brother is undergoing life imprisonment in Central Prison, Madurai. He was convicted for murdering his wife. The convict now wants to meet his children who are studying in government school. The convict had already spent more than four years in prison. He is entitled to twenty one days ordinary leave. We direct the second respondent to grant twenty one days (21) ordinary leave in favour of the convict without escort.
2/5
3.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Suresh, S/o.Marimuthu [Convict Prisoner No.6030] now detained at Central Prison, Madurai is granted ordinary leave for twenty one
(21) days from 24.01.2025 to 13.02.2025 without escort. (b) The convict prisoner shall be released from the prison at 05.00 p.m., on 23.01.2025 and he shall return to the prison at 10.00 a.m., on 14.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Chinnamanur Police Station, Theni District daily at 07.00 p.m., from 24.01.2025 onwards, without fail.
(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.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 23.01.2025.
3/5
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, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Chinnamanur Police Station, Theni District.
4/5
G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 22.01.2025 5/5