V.Neelavathi 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 V.Neelavathi ... 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 - 620 020.
5.The Superintendent of Police, O/o. the Superintendent of Police, Tiruvarur District.
... Respondents 1/7
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.O/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 son namely Vinoth, S/o.Vellinathan, Life Convict, bearing Convict Prisoner No.23709, PID No.318280 now 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 son / Vinoth is undergoing life sentence in Central Prison, Trichy. The petitioner is said to be suffering from certain serious medical ailments. The petitioner states that her son has to come out and arrange funds for treatment. The convict has spent more than three years in prison. He is therefore eligible to twenty one days ordinary leave.
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3.Considering the facts and circumstances, we direct the fourth respondent to grant fifteen days (15) ordinary for the convict without escort.
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Vinoth, S/o.Vellinathan, (Convict Prisoner No.23709), now detained at Central Prison, Trichy is granted ordinary leave for fifteen (15) days from 29.01.2025 to 08.02.2025 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 09.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Needamangalam Police Station, Tiruvarur District, daily at 07.00 p.m., from 24.01.2025 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 Issue order copy on 27.01.2025.
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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 - 620 020.
5.The Superintendent of Police, O/o. the Superintendent of Police, Tiruvarur District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Needamangalam Police Station, Tiruvarur District.
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G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
24.01.2025 5/7
WP(MD)No.1861 of 2025 G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
This writ petition has been listed "for being mentioned" today. 2.Registry is directed to issue revised order copy by substituting clause 3 in Paragraph No.4 as follows:
"(c) During the said leave period, he shall report before the Inspector of Police, Needamangalam Police Station, Tiruvarur District daily at 07.00 pm., from 29.01.2025 onwards, without fail."
[G.R.S, J.] & [R.P., J] 28.01.2025 Issue order copy on 28.01.2025 before 03.00 pm. 6/7
G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
WP(MD)No.1861 of 2025 28.01.2025 7/7