R.Senthamarai v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA R.Senthamarai ... Petitioner Vs 1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison IV)Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

4.The Superintendent, Central Prison, Trichy-620 020.

1/6

5.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.

... 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 30 days ordinary leave without police escort to the petitioner's son namely Senthil @ Senthilkumar S/o.Raja Thangavelu, Life Convict, bearing Convict Prisoner No.21617, confined at Central Prison, Trichy on the basis of the petitioner's representation dated 17.12.2024.

For Petitioner : Mr.K.A.S.Prabhu For Respondent : 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 life sentence in Central Prison, Trichy. He has so far spent 6 years and 9 months in prison. He is entitled to 28 days ordinary leave.

2/6

3. We direct the third respondent to grant 28 days ordinary leave for the convict without escort. Accordingly, the convict-prisoner is granted ordinary leave for 28 days without escort on the following conditions :- (a)The convict prisoner, Senthil @ Senthilkumar S/o.Raja Thangavelu (Convict Prisoner No.21617) now detained in the Central Prison, Trichy is granted ordinary leave for 28 days from 01.02.2025 to 28.02.2025.

(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 31.01.2025 and he shall return back to the prison at 10.00 a.m., on 01.03.2025. (c) During the said leave period, he shall report before the Inspector of Police, Panayappatti Police Station, Pudukkottai 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.

3/6

4.With the above direction, the Writ Petition stands allowed. No costs.

(G.R.S., J.) (R.P., J.) 30.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 30.01.2025 To 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison IV)Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

4/6

4.The Superintendent, Central Prison, Trichy-620 020.

5.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.

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

5/6

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 30.01.2025 6/6