Rohini v. The Superintendent Of Prison

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 and W.M.P.(MD)No.1385 of 2025 Rohini ... Petitioner Vs The Superintendent of Prison, Madurai Central Prison, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records connected with the impugned order No.E.505697/jF 2/2024, dated 12.12.2024 issued by the respondent and quash the same as illegal, consequently, to direct the respondents to grant 6 days emergency leave without escort to the petitioner's brother namely Balamurugan (Life Convict Prisoner No.5698) son of Ramamoorthi aged about 34 years who is now confining at Madurai Central Prison.

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For Petitioner : Mr.R.Prakash 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 had so far undergone 7 years in prison. The petitioner seeks emergency leave for her brother on medical grounds.

3. We direct the respondent to grant 6 days emergency leave without escort. Accordingly, the convict-prisoner is granted emergency leave for 6 days without escort on the following conditions :- (a)The convict prisoner, Balamurugan S/o.Ramamoorthi (Convict Prisoner No.5698) now detained in the Central Prison, Madurai, is granted emergency leave for 6 days from 01.02.2025 to 06.02.2025.

(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 07.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Theppakulam Police 2/5

Station, Madurai District, 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.

4.With the above direction, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (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 Superintendent of Prison, Madurai Central Prison, Madurai District.

2.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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