J. Baby Shalini v. The Deputy Inspector General Of Prisons

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 J.Baby Shalini ... Petitioner Vs.

1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent, Central Prison, Trichy - 620 020.

3.The Superintendent of Police, O/o. the Superintendent of Police, Karur 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 to grant 15 days Emergency Leave without police escort to the petitioner's Husband namely Jayabal, S/o.Govindaraja, Life Convict Prisoner, bearing Convict Prisoner No.24134, confined at Central Prison, Trichy on the basis of the petitioner's representation dated 18.12.2024. 1/5

For Petitioner : Mr.K.A.S.Prabhu 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 husband is undergoing life sentence in Central Prison, Trichy. He has so far spent close to three years in prison. Therefore, he is not entitled to ordinary leave. The petitioner is said to have been suffering from uterus related ailment. On this medical ground, emergency leave is sought.

3.Considering the facts projected in the affidavit filed in support of the writ petition, we direct the second respondent to grant five days emergency leave in favour of the convict.

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4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Jayabal, S/o.Govindaraja, [Convict Prisoner No.24134] now detained at Central Prison, Trichy is granted emergency leave for five (5) days from 24.01.2025 to 28.01.2025 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 29.01.2025. (c) During the said leave period, he shall report before the Inspector of Police, Vangal Police Station, Karur 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.

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To:- 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent, Central Prison, Trichy - 620 020.

3.The Superintendent of Police, O/o. the Superintendent of Police, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Vangal Police Station, Karur District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 22.01.2025 5/5