Amsavalli v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Amsavalli ... 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, Virudhunagar District.

... Respondents 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 ordinary leave for a period of 30 days to the petitioner's son namely Mareeswaran (CP No.1353) who is languishing 1/5

in Madurai Central Prison by considering the petitioner's representation dated 21.12.2024.

For Petitioner : Mr.DR.Lakhmi Prasanna 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 son is undergoing life sentence in Central Prison, Madurai. He has so far spent more than 9 years and 9 months in prison. He is entitled to 28 days ordinary leave.

3. Taking into account the circumstances projected in the writ petition, we direct the first respondent to grant 15 days ordinary leave without escort for the prisoner. Accordingly, the convict-prisoner is granted ordinary leave for 15 days without escort on the following conditions :- 2/5

(a)The convict prisoner, Mareeswaran S/o.Selvam (Convict Prisoner No.1353) now detained in the Central Prison, Madurai, is granted ordinary leave for 15 days from 30.01.2025 to 13.02.2025.

(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 29.01.2025 and he shall return back 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, Mallankinaru, Kariapatti, Virudhunagar District, daily at 07.00 p.m., from 30.01.2025 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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

(G.R.S., J.) (R.P., J.) 27.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 28.01.2025 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, Virudhunagar 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.

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