M.Panju v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Panju ... Petitioner vs.
1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 9.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Madurai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant 1/6
one month emergency or ordinary leave without escort to the petitioner's brother namely V.P.Pandi @ Attack Pandi, S/o.Ponnusamy (C.P.No.5932) a life convict prisoner now confined at Central Prison, Madurai to participate in her son's marriage by considering the petitioner's representation dated 25.02.2025. For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
(Order of the Court was made by J. NISHA BANU, J.) The writ petitioner, who is the sister of the life convict, seeking for a direction to direct the respondents to grant one month emergency or ordinary leave without escort to the petitioner's brother namely, V.P.Pandi @ Attack Pandi, S/o.Ponnusamy (CP.No.5932) for attending the marriage of the petitioner's younger son, by considering her representation dated 25.02.2025. 2.The case of the petitioner is that her brother V.P.Pandi @ Attack Pandi, S/o.Ponnusamy (CP.No.5932) is a life convict and he is in incarceration pursuant to the Judgment dated 21.03.2019 passed in Crl.A(MD)No.274 of 2011 and Crl.R.C(MD)No.310 of 2014, passed by this Court. 2/6
3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner's brother is involved in the offences of communal nature. Further, he is also involved in two cases and the same are also pending for trial in S.C.No.456 of 2016 and S.C.No.562 of 2018 before the IV Additional District Judge, Madurai. 4.Considering the submission made by the learned Additional Public Prosecutor and the purpose for which the leave sought, this Court is inclined to direct the respondents to grant ordinary leave for one day to the prisoner with escort.
5.Accordingly, this Writ Petition is disposed of with the following conditions:
(a) The convict prisoner V.P.Pandi @ Attack Pandi, S/o.Ponnusamy (CP.No.5932) now detained at Central Prison, Madurai is granted ordinary leave for one day ie., on 09.03.2025 with necessary escort.
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(b) The convict prisoner shall be released from the prison at 07.00 a.m on 09.03.2025 and he shall return to the prison at 05.00 p.m on 09.03.2025.
(c) The Commissioner of Police, Madurai City is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from and out of the earnings of the convict. (d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
6. No costs. For reporting compliance, post the matter on 10.03.2025.
[J.N.B.,J.] & [S.S.Y.,J.] 07.03.2025 NCC : Yes / No Index : Yes / No ps Note: Issue Order Copy on 07.03.2025.
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To 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 9.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Madurai District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 07.03.2025 6/6