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Madras High CourtWP(MD)/1705/2025allowed

Meenakshi v. The Director General Of Prison

2025-01-30Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

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 Meenakshi ... Petitioner Vs 1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison, Madurai City.

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

... 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 second respondent to instruct the third respondent to consider the representation sent by the petitioner dated 04.01.2025 seeking emergency 1/5

leave of 6 days to the petitioner's son Kalai Tamzhilvanan @ Tamzhil @ Kalai son of Periyasamy who is a convict prisoner confined at third respondent prison to attend the marriage.

For Petitioner : Mr.J.Vijayaraja 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. The petitioner's daughter is to get married on 09.03.2025. The petitioner seeks emergency leave for her son.

3. Taking into account the said aspect, we direct the third respondent to grant emergency leave for the prisoner with escort. Accordingly, the convict-prisoner is granted emergency leave with escort on the following conditions :- (a)The convict prisoner, Kalai Tamzhilvanan @ Tamzhil @ Kalai S/o.Periyasamy (Convict Prisoner No. 6924) now detained in the Central Prison, Madurai, is 2/5

granted emergency leave from 07.03.2025 to 10.03.2025.

(b) The convict prisoner shall be released from the prison at 7.00 a.m., on 07.03.2025 and he shall be brought back to the prison at 05.00 p.m., on 10.03.2025. (c)The third 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. The accompanying police personnel shall be in civil dress.

(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 Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison, Madurai City.

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

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 30.01.2025 5/5