Sathya v. The Deputy Inspector General Of 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 Sathya ... Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o.The Superintendent of Police, Salem District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent nos.1 and 2 to grant emergency leave for the period of 30 days to the petitioner's husband namely Sivakumar, S/o.Venkat (C.P. No.6110) who is languishing in the Madurai Central Prison by considering the representation dated 05.01.2025. 1/5

For Petitioner : Mr.R.Vignesh 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, Madurai. The petitioner's son is said to be suffering from a rare decease.

3.Considering the said aspect, we direct the second respondent to grant five days (5) emergency leave for the convict with necessary escort. 4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Sivakumar, S/o.Venkat, (Convict Prisoner No.6110) 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 City 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 Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o.The Superintendent of Police, Salem District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.01.2025 5/5