Devi v. The Deputy Inspector General Of Prison
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 Devi ... Petitioner Vs.
1.The Deputy Inspector General of Prison, Office of the The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Centre Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, Office of 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, directing the respondent Nos.1 and 2 to grant ordinary leave for the period of 30 days to the petitioner's husband namely Ramesh, S/o.Ramar (CP No.5810) who is languishing in the Madurai Central Prison by considering the representation dated 05.01.2025.
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For Petitioner : Mr.R.Vignesh 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 imprisonment in Central Prison, Madurai. He was convicted in a case which involvesmurder for gain. The petitioner seeks emergency leave for her husband.
3.Taking into account the reasons projected in the affidavit filed in support of the writ petition, we direct the second respondent to grant seven days emergency leave in favour of the convict with necessary escort.
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Ramesh, S/o.Ramar, 2/5
[Convict Prisoner No.5810] now detained at Central Prison, Madurai is granted emergency leave for seven
(7) days from 24.01.2025 to 30.01.2025 with necessary 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 31.01.2025. (c) The concerned authority 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. 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 Prison, Office of the The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Centre Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 22.01.2025 5/5