Arunbaskar v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA Arunbaskar ... Petitioner .Vs.

1.The Deputy Inspector General of Prison, Office of 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, New Jail Road, 3.The Commissioner of Police, Office of the Commissioner of Police, Trichy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to extend the ordinary leave for ten days 1/6

to his father namely, Kanagarajan, son of Baskaran, who is a convict prisoner in a cheating case in C.P.No.9195 and languishing Central Prison, Madurai for the past 1 1⁄2 years by considering the Petitioner's representation, dated 10.2.2025. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor.

O R D E R

(Order of the Court was made by Dr.G.JAYACHANDRAN.,J) The Petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to extend the ordinary leave for ten days to his father namely, Kanagarajan, son of Baskaran, who is a convict prisoner in a cheating case in C.P.No.9195 and languishing Central Prison, Madurai for the past 1 1⁄2 years by considering the Petitioner's representation, dated 10.2.2025.

2.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3.The Petitioner is the son of Kanagarajan, a convict, who is suffering 5 years rigorous imprisonment, is before this Court seeking ordinary leave for a period of 30 days to his father. This Court granted ordinary leave for 15 days to the Petitioner's father vide order, dated 30.1.2025, in W.P(MD)No.2522 of 2025, subject to the conditions mentioned in the order. The present application is filed to extend the leave stating that the presence of the convict is necessary to conduct discussion with bride's family in connection with the proposed marriage of his first son, who is the brother of the Petitioner.

4.The learned Additional Public Prosecutor appearing for the respondents states that pursuant to the order passed by this Court on 30.01.2025 in W.P(MD)No.2522 of 2025,the convict was granted ordinary leave from 31.1.2025 to 16.2.2025 and he is regularly complying with the conditions. As per the prison manual, the Petitioner is entitled to 21 days ordinary leave, since he has completed 1 1⁄2 years of incarceration. 5.Considering the above said fact, this Court grants another 6 days ordinary leave to the Petitioner's father by extending his leave from 16.2.2025 to 21.2.2025.The condition imposed by this Court vide order, dated 30.1.2025 in W.P(MD)No.2522 of 2025 to 3/6

be scrupulously complied with. The convict is directed to surrender before the prison authorities on 22.2.2025 before 10.00 a.m.

6.With the above directions, the Writ Petition stands disposed of.

[G.J.,J.] [R.P.,J.] 14.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn Note:Issue order copy on 17.02.2025 To 1.The Deputy Inspector General of Prison, Office of 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, New Jail Road, 3.The Commissioner of Police, 4/6

Office of the Commissioner of Police, Trichy.

Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn ORDER MADE IN W.P(MD)No.4022 of 2023 5/6

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