N.Ramajeyam v. The Secretary To Government

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 N.Ramajeyam ... Petitioner Vs 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons)/I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai-8.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police, Ramanathapuram 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 21 days ordinary leave without escort to the petitioner's brother namely Arun Kumar S/o. Late. Natarajan a life convict prisoner (C.P.No.6065) now confined at Central Prison, Madurai for the purpose of executing a document by considering the petitioner's representation dated 02.01.2025.

For Petitioner : Mr.S.Srikanth 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 brother is undergoing life sentence in Central Prison, Madurai. He has so far spent three years in prison. He is eligible for 21 days ordinary leave.

3. The petitioner gives an undertaking before this Court through his counsel that she will ensure that the convict surrenders on the expiry 2/6

of the leave period. We make it clear that if this undertaking is breached and if the convict absconds, the petitioner will be visited with consequences.

4. Accordingly, the convict-prisoner is granted ordinary leave for 21 days without escort on the following conditions :- (a)The convict prisoner, Arun Kumar S/o.late Natarajan (Convict Prisoner No.6065) now detained in the Central Prison, Madurai is granted ordinary leave for 21 days from 01.02.2025 to 21.02.2025.

(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 22.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Kenikarai Police Station, Ramanathapuram, 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.

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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 4/6

To 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons)/I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai-8.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police, Ramanathapuram 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.

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