Sathaga Sounthram v. The Additional Director General Of Police (Prison)

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 Sathaga Sounthram ... Petitioner Vs.

1.The Additional Director General of Police (Prison), Chennai.

2.The Deputy Inspector General Prison and Reformative Department, Madruai Range, Madurai.

3.The Superintendent, Central Prison, ... 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.976/U.tha2/2024 dated 06.01.2025 passed by the 2nd respondent and quash the same as illegal and consequently direct the 3rd respondent to release the petitioner's son namely Sathish Kumar, S/o.Sathaga Sountharam (C.P.61111) on ordinary leave /emergency leave for 30 days for arranging medical expenses of his wife.

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For Petitioner : Ms.S.Prabha 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 is undergoing life sentence in Central Prison, 3.Considering the facts and circumstances projected in the affidavit filed in support of the writ petition, we direct the third respondent to grant five days (5) emergency leave for the petitioner. 4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Sathish Kumar, S/o.Sathaga Sountharam, (Convict Prisoner No.6111) now detained at Central Prison, Madurai is granted emergency leave for five (5) days from 29.01.2025 to 02.02.2025 with necessary escort.

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(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 03.02.2025. (c) The Commissioner of Police, Madurai District is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(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 Additional Director General of Police (Prison), Chennai.

2.The Deputy Inspector General Prison and Reformative Department, Madruai Range, Madurai.

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3.The Superintendent, Central Prison, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.01.2025 5/5