Palanisamy v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Palanisamy ... Petitioner -vs1.The Superintendent, Madurai Central Prison, Madurai.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent No.1 to extend the emergency leave granted by this Court in W.P(MD)No.12266 of 2024, dated 12.06.2024 and grant further period of 10 days emergency leave with police excort to his son namely Jothi Murugan (Convicted Prisoner No.2193) by considering his representation, 1/5

dated 15.06.2024 within a stipulated time that may be fixed by this Court. For Petitioner :

Mr.R.Karunanithi For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the first respondent to extend the emergency leave granted by this Court in W.P(MD)No.12266 of 2024, dated 12.06.2024 and grant further period of 10 days emergency leave with police excort to his son namely Jothi Murugan (Convicted Prisoner No.2193) by considering his representation, dated 15.06.2024.

2. This Court, by order, dated 12.06.2024, has granted 6 days emergency leave to the petitioner's son and the leave is expiring today ie., on 20.06.2024. Now, the petitioner has sought for extension of emergency leave for a period of three days stating that his son school admission is on 24.06.2024. 2/5

3. Considering the facts and circumstances of the case and also considering the fact that the prisoner's son school admission is on 24.06.2024, we are inclined to extend the emergency leave period for four days ie., from 21.06.2024 to 24.06.2024.

4. Accordingly, this writ petition is allowed with the following directions:- (i) The emergency leave already granted to the convict prisoner is extended from 21.06.2024 to 24.06.2024.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Madurai by 10.00 a.m., on 25.06.2024, without fail. (iii)Necessary escrot shall be provided to accompany the convict prisoner.

(iv) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

(v) The petitioner shall produce all necessary documents, along with 3/5

a copy of this order, before the jail authorities. (vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs.

[A.D.J.C., J.] [K.R.S., J.] 20.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No am To:

1.The Superintendent, Madurai Central Prison, Madurai.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 20.06.2024 5/5