Sujitha v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sujitha ... Petitioner Vs.

1.The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St.George, Chennai-9.

2.The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600008.

3.The Deputy Inspector General Prison and Correctional Services Department, Madurai Range, Madurai District.

4.The Jail Superintendent, Central Prison, Madurai District.

... Respondents 1/6

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 to grant 30 days leave for parole to the petitioner's husband namely Muniyasamy @ Chendu Muniyasamy S/o.Pitchaimani aged about 34 years, now confining at Madurai Central Prison as life convict, on the basis of the petitioner's representation dated 02.01.2025 within a time frame fixed by this Court.

For Petitioner : Ms.K.Pandipriya 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's husband is undergoing life sentence in Central Prison, Madurai. He has so far spent two years and nine months in prison. He may not be eligible for ordinary leave. 2/6

3. However, taking into account the case projected in the writ petition, we direct the fourth respondent to grant five days emergency leave for the convict without escort.

4. Accordingly, the convict-prisoner is granted emergency leave for 5 days without escort on the following conditions :- (a)The convict prisoner, Muniyasamy @ Chendu Muniyasamy S/o.Pitchaimani (C.P.No.139) now detained in the Central Prison, Madurai, is granted emergency leave for 5 days from 24.01.2025 to 28.01.2025.

(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 23.01.2025 and he shall return back to the prison at 10.00 a.m., on 29.01.2025. (c) During the said leave period, he shall report before the Inspector of Police, B4 Therkuvasal Police Station, Madurai 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.

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5.With the above direction, the Writ Petition stands allowed. No costs.

(G.R.S., J.) (R.P., J.) 21.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 22.01.2025 4/6

To 1.The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St.George, Chennai-9.

2.The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600008.

3.The Deputy Inspector General Prison and Correctional Services Department, Madurai Range, Madurai District.

4.The Jail Superintendent, Central Prison, 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.

rmi 21.01.2025 6/6