Packiyalakshmi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Packiyalakshmi ... Petitioner Vs 1.State of Tamil Nadu Rep. by the Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Additional Director General of Police (Prisons), Inspector General of Prisons, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.
4.The Superintendent of Prison, Central Prison, 1/6
Palayamkottai, Tiruenelveli.
... Respondents 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 pertaining to the impugned order in No.909/cj. 2/2024, dated 16.12.2024 passed by the third respondent, quash the same and consequently, direct the respondents to grant 40 days ordinary leave to the petitioner's brother Sankara Narayanan S/o.Krishnasamy (LCT No. 2375), PID No.16977, aged 61 years confined at Central Prison, Palayamkottai.
For Petitioner : Mr.P.M.Basil 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, Palayamkottai. He has so far spent 23 years in prison. The petitioner sought ordinary leave for her brother. It was rejected because 2/6
the convict had gone on ordinary leave from 18.12.2023 till 27.01.2024. Since one year period had not expired, her request was rejected. Today, the said one year period had also expired.
3. Taking note of this development, we direct the third respondent to grant 25 days ordinary leave for the prisoner without escort. Accordingly, the convict-prisoner is granted ordinary leave for 25 days without escort on the following conditions :- (a)The convict prisoner, Sankara Narayanan S/o.Krishnasamy (Convict Prisoner LCT.2375 PID No. 16977) now detained in the Central Prison, Palayamkottai, is granted ordinary leave for 25 days from 30.01.2025 to 23.02.2025.
(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 29.01.2025 and he shall return back to the prison at 10.00 a.m., on 24.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District, daily at 07.00 p.m., from 30.01.2025 onwards, without fail.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
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4.With the above direction, the Writ Petition stands allowed. No costs.
(G.R.S., J.) (R.P., J.) 27.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 28.01.2025 4/6
To 1.The Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Additional Director General of Police (Prisons), Inspector General of Prisons, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.
4.The Superintendent of Prison, Central Prison, Palayamkottai, Tiruenelveli.
5.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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