Muppidathi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Muppidathi ... Petitioner Vs 1.The State of Tamil Nadu represented by its, The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 016.
2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.
3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.
... 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 first 1/5
respondents to modify his order dated 21.11.2024 in No.853/UTHA. 2/2024 to grant ordinary leave for 28 days without escort to the petitioner's husband, the prisoner, Balachandar S/o.Tiruvengadam, Convict No.1253, detained at Central Prison, Palayamkottai. For Petitioner : Mrs.N.S.Nithya Bharathi 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 10 years rigorous imprisonment in Central Prison, Palayamkottai. The petitioner sought ordinary leave for her husband. This request was accepted by the authorities. But then, a condition was imposed that leave will be granted under escort. The petitioner wants ordinary leave without escort for her husband.
3. We are of the view that the prisoner can very well be granted ordinary leave without escort. Accordingly, the convict-prisoner is granted ordinary leave for 28 days without escort on the following conditions :- 2/5
(a)The convict prisoner, Balachandar S/o.Tiruvengadam (Convict No.1253) now detained in the Central Prison, Palaymkottai, Tirunelveli, is granted ordinary leave for 28 days from 01.02.2025 to 28.02.2025.
(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 31.01.2025 and he shall return back to the prison at 10.00 a.m., on 01.03.2025. (c) During the said leave period, he shall report before the Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District, daily at 07.00 p.m., from 01.02.2025 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.) 30.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 30.01.2025 3/5
To 1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 016.
2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.
3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
rmi 30.01.2025 5/5