Kalaiselvi v. The Director General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kalaiselvi ... Petitioner -vs1.The Director General of Prison Directorate of the Central Prison Tamil Nadu Prison Veanals Road, Egmore Chennai-600 008 2.The Deputy Inspector General of Prisons Madurai Range Madurai Central Prison Campus Madurai City-625 016 3.The Superintendent of Prison Madurai Central Prison Madurai City-625 016 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent to extend the leave granted by this Court in W.P.(MD) No.13906 of 2024, dated 18.07.2024 and extend the

parole for further period of ten days to the petitioner's brother Kalai Tamilvanan @ Tamil @ Kalai, son of Periyasamy, a convict prisoner in C.P.No. 6294, confined at the Central Prison, Madurai, forthwith, without escort. For Petitioner :

Mr.J.Vijayaraja 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.] This petition has been filed seeking to extend the ordinary leave granted to the petitioner's brother Kalai Tamilvanan @ Tamil @ Kalai (C.P.No. 6294), by this Court by order dated 18.07.2024 in W.P.(MD) No.13906 of 2024 for a further period of 10 days.

2. It is the case of the petitioner that her brother Kalai Tamilvanan @ Tamil @ Kalai was granted ordinary leave by this Court by order dated 18.07.2024 and he was allowed to go along with the escort, for providing medical treatment to their mother. However, still their mother has not recovered fully and thereby, the petitioner needs the assistance of her brother for a further period of ten days.

3. We enquired the learned Additional Public Prosecutor, who would submit that the petitioner's brother has been granted ordinary leave with escort on 25.07.2024 and he should surrender back on 03.08.2024. However, he submits that during the period of leave, the petitioner's brother has not been brought to any adverse notice.

4. Taking into consideration the request of the petitioner, this Court is inclined to pass the following order: (i) This Writ Petition is allowed.

(ii) The leave granted by virtue of order dated 18.07.2024 in W.P.(MD) No.13906 of 2024 to the convict prisoner, namely, Kalai Tamilvanan @ Tamil @ Kalai (C.P.No.6294) is extended for a further period of 10 days from the date of expiry of the leave period already granted to him, with escort.

(iii) 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.

(iv) The convict prisoner shall report back to the Superintendent of Prison, Central Prison, Madurai / third respondent on expiry of the extended leave period, without fail.

(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual and as per the undertaking that he shall not indulge in any other activities other than the purpose for which the leave is sought for and he shall not give interview in any media including social media. (vi) No costs.

[A.D.J.C., J.] [K.R.S., J.] 01.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600 008.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625 016.

3.The Superintendent of Prison, Madurai Central Prison, Madurai City-625 016.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 01.08.2024