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Madras High CourtWP(MD)/1703/2025allowed

Rani v. The Deputy Inspector General Of Prison

2025-01-27Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

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 Rani ... 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, Theni 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 ordinary leave for a period of 30 days to the petitioner's son namely Dhanushkodi (C.P.No.1554) by considering the petitioner's representation dated 21.12.2024. 1/5

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 10 years rigorous imprisonment in a case arising under NDPS Act. He has been incarcerated in Central Prison, Madurai. The petitioner states that the presence of her son is required to execute some documents. Registration has been fixed on 31.01.2025. Copy of the draft document has been produced before us.

3. Taking into account these aspects, we direct the second respondent to grant emergency leave for the petitioner's son with necessary escort. Accordingly, the convict-prisoner is granted emergency leave with escort on the following conditions :- 2/5

(a)The convict prisoner, Dhanushkodi S/o.Murugan (Convict Prisoner No.1554) now detained in the Central Prison, Madurai, is granted emergency leave from 30.01.2025 to 01.02.2025.

(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 29.01.2025 and he shall be brought back to the prison at 05.00 p.m., on 01.02.2025. (c)The second respondent is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(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, Theni District.

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

4/5

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 27.01.2025 5/5