G.Murugesan v. The Superintendent Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.372 of 2025 and W.M.P(MD)No.103 of 2025 G.Murugesan ... Petitioner/ Father of the Life Convict -Vs1.The Superintendent of Prison, Central Prison, Trichy-620 020.
2.The Superintendent of Police, O/o.The Superintendent of Police, Trichy District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent vide proceedings in No.7484/ThaKu.4/2025 dated 21.06.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 15 days emergency leave without police escort to the petitioner's son namely Dineshkumar, S/o.Murugesan, life convict Prisoner, PID No.355929 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.S.Ravi, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 21.06.2025, passed by the first respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.
2.The writ petitioner is the father of the life convict and since the petitioner is suffering from Heart Failure ailment, he has sought for 15 days emergency leave to the life convict.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner has sought for emergency leave for 15 days. Since the emergency leave for 15 days cannot be given to the life convict at a single stretch, the respondents have rejected the request of the petitioner.
4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. (*)5.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant six days emergency leave to the petitioner's son without escort.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(i) The respondents are directed to grant six days emergency leave to the petitioner's son, namely, Dineshkumar, S/o.Murugesan, PID No.355929 from 06.07.2025 to 11.07.2025. The convict prisoner shall be released from the prison on 05.07.2025 at 05.30 p.m.
(ii)He shall report back to the Superintendent of Prison, Central Prison, Trichy / second respondent, by 12.07.2025 at 10.30 a.m., ". (iii) During the leave period, the convict prisoner shall appear before the Thillainagar Police Station, Trichy District, daily at 07.00 p.m., without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) No costs. Consequently, the connected miscellaneous petition is also closed.
7.List the matter on 09.07.2025 "for reporting compliance". Sd/- 02/07/2025 (*)Substituted as per order of this Court dated 04/07/2025 made in WP(MD)No.372 of 2025 Sd/- Assistant Registrar (CS II) // True Copy // / /2025 Sub Assistant Registrar(CS) NS To (*)To be substituted the order which already despatched on 03/07/2025 1.The Superintendent of Prison, Central Prison, Trichy-620 020.
2.The Superintendent of Police, O/o.The Superintendent of Police, Trichy District.
3.The Inspector of Police, Thillainagar Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.A.S.PRABHU, Advocate ( SR-40048 dated 02/07/2025 ) W.P.Crl(MD)No.372 of 2025 02.07.2025 CT (03/07/2025) 5P/6C MGJ(04/07/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023