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Madras High CourtWP(MD)/2417/2023closed

Pechiyammal. T v. The State Represented By Its The Deputy Inspector General Of Prison

2023-03-14Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN T.Pechiyammal ... Petitioner / Sister of the detenue Vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Trichy Range, Trichy-620 023.

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

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order Moo.Mu.No.30276/Tha.Ku.4/2022, dated 29.11.2022, issued by the 2nd respondent and quash the same and consecutively direct the respondents to grant leave for 40 days without escort to the detenue, 1/4

Sudalaimuthu, S/o.Nallaperumal, aged about 45 years, convict No.12000, confined at Central Prison, Trichy.

For Petitioner : Mr.S.Manoharan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This Writ Petition is filed, challenging the order of the 2nd respondent dated 29.11.2022 with a consequential direction to the respondents to grant leave for 40 days without escort to the detenue, namely, Sudalaimuthu, S/o.Nallaperumal, aged about 45 years, convict No.12000, confined at Central Prison, Trichy. 2.Pursuant to the earlier order dated 06.03.2023, 10 days leave without escort has been granted to the petitioner's brother. It is stated by the learned Additional Public Prosecutor that pursuant to the said order, the convict is on leave and regularly he is complying with the condition to appear before the Police Station concerned.

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3.Considering the aforestated, we are of the view that further extension of 10 days leave can be granted to the petitioner's brother from 20.03.2023, as the 10 days leave already granted expires on 19.03.2023. With this extension of leave of 10 days, we feel that this Writ Petition can be given a quietus. Accordingly, it is closed. No costs. (R.S.K., J.) & (K.K.R.K, J.) 14.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Deputy Inspector General of Prison, Trichy Range, Trichy-620 023.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 14.03.2023 4/4