Madras High CourtWP(MD)/2244/2025allowed

Esther Rani v. The State Represented By Its

2025-01-28Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Esther Rani ... Petitioner / Mother of the Detenue Vs The State represented by its, 1.The Superintendent, Palayamkottai Central Prison, Tirunelveli-627 007.

2.The Superintendent of Police, Office of Superintendent of Police, Tirunelveli-627 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant emergency leave for 6 days without escort to the petitioner's son, the detenue Perumal S/oKaruvelamuthu, aged about 25 years PID No.470980, detained at Central Prison, Palayamkottai. 1/5

For Petitioner : Mr.S.Manoharan 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 son is undergoing 7 year rigorous imprisonment in Central Prison, Palayamkottai. The petitioner's daughter is yet to get married. The prisoner as the brother is entitled to attend the said marriage. The marriage is fixed on 02.02.2025.

3. Even though the prisoner has spent only few months in jail, considering the approach by the petitioner, we direct the first respondent to release the prisoner under escort on 01.02.2025 at 08.00 am. He shall be brought back to the prison on 04.02.2025 at 07.00 pm. The escort accompanying the prisoner shall be in civil dress. It is clarified that the 2/5

cost involved in providing escort shall be deducted from out of the earnings of the convict. During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 4.With the above direction, the Writ Petition stands allowed. No costs.

(G.R.S., J.) (R.P., J.) 28.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 29.01.2025 3/5

To 1.The Superintendent, Palayamkottai Central Prison, Tirunelveli-627 007.

2.The Superintendent of Police, Office of Superintendent of Police, Tirunelveli-627 007.

3.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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