S.Karpagam v. State Of Tamil Nadu
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 S.Karpagam ... Petitioner Vs.
1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St George, Chennai - 600 009. 2.The Director General of Prison, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai - 600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.
4.The Superintendent, Central Prison, Trichy - 620 023.
5.The Superintendent of Police, O/o. the Superintendent of Police, ... Respondents 1/6
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 relating to the impugned order passed by the 3rd respondent vide proceedings in No.703/Mu.Vuu/2024 dated 15.01.2025 and quash the same as illegal and consequently direct the respondents to grant 30 days Ordinary Leave without police escort to the petitioner's husband namely Sivadoss, S/o.Appadurai Nattar, Life Convict, bearing Convict Prisoner No.22409, PID No. 66639 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu 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 sentence in Central Prison, Trichy. For the reasons set out in the affidavit filed in support of the writ petition, ordinary leave for a period of twenty one days is sought. 2/6
3.The learned Additional Public Prosecutor points out that the petitioner had gone on ordinary leave in the month of February last year and he surrendered on 28.02.2024. Therefore, the petitioner can avail ordinary leave with effect from 01.03.2025.
4.We direct the third respondent to grant twenty one (21) days ordinary leave for the convict commencing from 01.03.2025 without escort.
5.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Sivadoss, S/o.Appadurai Nattar, (Convict Prisoner No.22409), now detained at Central Prison, Trichy is granted ordinary leave for twenty one (21) days from 01.03.2025 to 21.03.2025 without escort.
(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 28.02.2025 and he shall return to the prison at 10.00 a.m., on 22.03.2025. (c) During the said leave period, he shall report before the Inspector of Police, Madukkur Police Station, Thanjavur District, daily at 07.00 p.m., from 24.01.2025 onwards, without fail.
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(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.
To:- 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St George, Chennai - 600 009. 2.The Director General of Prison, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai - 600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.
4.The Superintendent, Central Prison, Trichy - 620 023.
5.The Superintendent of Police, O/o. the Superintendent of Police, 4/6
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Madukkur Police Station, 5/6
G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 24.01.2025 6/6