Venkadasubbu v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Venkadasubbu ... Petitioner Vs.

The Superintendent, Central Prison, Madurai - 16.

... Respondent 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 E651774/Thaku2/2024 dated 20.01.2025 passed by the respondent and quash the same as illegal and consequently direct the respondent to release the petitioner's son namely Ravibalan, S/o.Venkadasubbu (CP No.1109) on ordinary leave / emergency leave for 30 days for arranging medical expenses of the petitioner's son.

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For Petitioner : Mrs.S.Prabha For Respondent : 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 was convicted for an offence under TNPID Act and he is undergoing ten years rigorous imprisonment in Central Prison, Madurai. He has so far spent two years and nine months in prison. He is entitled to twenty one days ordinary lave. He had already availed fifteen days ordinary leave.

3.We direct the respondent to grant six (6) days ordinary leave for the convict without escort.

4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Ravibalan, S/o.Venkadasubbu, [Convict No.1109] now detained at Central Prison, Madurai is granted ordinary leave for six

(6) days from 01.02.2025 to 06.02.2025 without escort. 2/4

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 31.01.2025 and he shall return to the prison at 10.00 a.m., on 07.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Thadikombu Police Station, Dindigul District, daily at 07.00 p.m., from 01.02.2025 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.,) 29.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 30.01.2025.

To:- 1.The Superintendent, Central Prison, Madurai - 16. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to:

The Inspector of Police, Thadikombu Police Station, Dindigul District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 29.01.2025 4/4