Karuppasamy v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Karuppasamy ... Petitioner Vs.

1.The Deputy Inspector General of Prison, Madurai Range, Madurai.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 40 days without escort to the life convict prisoner, Periya Andavar, S/o.Gopal, bearing Convict No.2674 detained at Central Prison, Palayamkottai or atleast emergency leave without escort considering the petitioner's representation dated 16.12.2022. 1/4

For Petitioner : Mr.R.Narayanan For Respondents : Mr.E.Antony Sahaya Prabhakar, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This Writ Petition is filed for a direction to the respondents to grant ordinary leave for 40 days without escort to the life convict prisoner, namely, Periya Andavar, S/o.Gopal, bearing Convict No.2674 detained at Central Prison, Palayamkottai or atleast emergency leave without escort, considering the petitioner's representation dated 16.12.2022. 2.The 2nd respondent has already considered the request of the petitioner for grant of leave to the life convict, namely, Periya Andavar from 11.03.2023 to 15.03.2023. Therefore, he has to return to Prison on 15.03.2023.

3.In such circumstances, it is pleaded by the learned counsel appearing for the petitioner that the wife of the life convict is a chronic patient, for which, she is taking some treatment. If her husband is permitted 2/4

to stay with her for few more days, that will be helpful to effectively monitor the treatment. Hence, he pleads to extend the leave upto 19.03.2023 at 4 p.m..

4.Heard the learned Additional Public Prosecutor appearing for the respondents.

5.Considering the aforestated facts, we are inclined to extend the leave already availed by the life convict. Therefore, the emergency leave already granted to the brother of the petitioner is extended till 19.03.2023 at 3.00 p.m..

6.With this direction, this Writ Petition stands closed. No costs. (R.S.K., J.) & (K.K.R.K, J.) 13.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR To 1.The Deputy Inspector General of Prison, Madurai Range, Madurai.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

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

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