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Madras High CourtWP(MD)/1853/2025allowed

Sundararajan v. State Of Tamil Nadu Represented By

2025-01-24Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sundararajan ... Petitioner Vs.

1.State of Tamil Nadu Represented by, The Principal Secretary, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

2.The Director General of Police / Director General of Prisons and Correctional Services, C.M.D.A.Towers II, No. 1, Gandhi Irvin Road, Egmore, Chennai 600 008.

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

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grand 10 day ordinary leave to the petitioner under the Section 20 of Tamil Nadu Suspension of Sentence Rules, 1982 without 1/5

escort by considering the petitioner representation dated 26.12.2024 in accordance with law within a time stipulated by this Court. For Petitioner : Ms.Sudharani 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 is undergoing life sentence in Central Prison, Trichy. He has so far spent ten years and six months in prison. He is therefore eligible for twenty eight days ordinary leave per year. The petitioner had already availed twenty one days ordinary leave during September 2024.

3.The third respondent is directed to grant seven days (7) ordinary leaver for the petitioner without escort.

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4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Sundararajan, S/o.Rengasamy, (Convict Prisoner No.20597), now detained at Central Prison, Trichy is granted ordinary leave for seven (7) days from 29.01.2025 to 04.02.2025 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 28.01.2025 and he shall return to the prison at 10.00 a.m., on 05.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Thuraiyur Police Station, Trichy District, daily at 07.00 p.m., from 29.01.2025 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.,) 24.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 27.01.2025.

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To:- 1.The Principal Secretary, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

2.The Director General of Police / Director General of Prisons and Correctional Services, C.M.D.A.Towers II, No. 1, Gandhi Irvin Road, Egmore, Chennai 600 008.

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

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

Copy to:

The Inspector of Police, Thuraiyur Police Station, Trichy District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.01.2025 5/5