Ajith v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Ajith ... 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, 2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Central Prison, Palayamkottai, 3.The Commissioner of Police, O/o.Commissioner of Police, 4.The Inspector of Police, O/o.Thiruvengadam Police Station, ... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 to grant an ordinary leave without escort for the period of 40 days to the petitioner's father who is life convict prisoner in C.P.No.2282 at Palaymkottai Central Prison, Tirunelveli by considering the petitioner's representation dated 03.01.2025. For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.
2.The petitioner is the son of the convict prisoner. The petitioner's father is undergoing life sentence in Central Prison, Palayamkottai. He has so far spent 11 years in prison. He was granted ordinary leave last year. It expired on 28.08.2024. Therefore, he will be eligible for ordinary leave this year only on 26.08.2025. However, the prisoner will be entitled for emergency leave depending on the situation.
3. The petitioner specifically states that his sister is going to get married. Rule 6 of the Tamil Nadu Suspension of Sentence Rules enables the prisoner to seek 2/5
emergency leave to attend his daughter's wedding.
4. Considering the said fact, we grant emergency leave for the convict prisoner from (*)01.03.2025 to 11.03.2025 without escort. Accordingly, the convict-prisoner is granted emergency leave for 11 days without escort on the following conditions :- (**)(a)The convict prisoner, Kaliraj, (C.P.No.2282) now detained in the Central Prison, Palayamkottai, is granted emergency leave from 01.03.2025 to 11.03.2025. (b) The convict prisoner shall be released from the prison at 5.00 p.m., on 28.02.2025 and he shall return back to the prison at 10.00 a.m., on 12.03.2025.
(c) During the said leave period, except on the dates of engagement and wedding, he shall report before the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, daily at 08.00 a.m, from 01.03.2025 onwards, without fail.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 5.With the above direction, the Writ Petition stands allowed. No Costs. Sd/- 3/5
10.01.2025 (*)&(**)Corrected and Replaced as per the order of this court dated 26.02.2025 made in WMP(MD).2294 of 2025 in WP(MD)No.987 of 2025.
Sd/- Assistant Registrar(AD II) // True Copy // /02/2025 Sub Assistant Registrar( ) rmi To To be substituted to the order which is already despatched on 10.01.2025 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, 2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Central Prison, Palayamkottai, 3.The Commissioner of Police, O/o.Commissioner of Police, Tirunelveli District. 4.The Inspector of Police, 4/5
O/o.Thiruvengadam Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Copy To:- The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
10.01.2025 ES(10.01.2025)/ 5P/ 7C MK(27.02.2025)/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5