Ponnuthai v. The Director General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Nineteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD W.M.P.(MD) No.18880 of 2024 in WP(MD) No.19020 of 2024 PONNUTHAI ... PETITIONER/PETITIONER Vs 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 POLICE, DEPARTMENT OF PRISONS AND CORRECTIONAL SERVICE, MADURAI RANGE, MADURAI CENTRAL PRISON CAMPUS, MADURAI DISTRICT.
3 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI DISTRICT.
... RESPONDENTS/RESPONDENTS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an 1/6
order to extend the time limit for further period of four weeks in order to Extension of time to parole WP(MD).No. 19020 of 2024.
Prayer in WP(MD). 19020/ 2024 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in No. 243/UUTH2/2024 dated 02.07.2024 on the file of Respondent No. 2 and quash the same as illegal and consequently direction directing the respondent No. 2 to provide Emergency Leave to the petitioners Son namely K. Veniskumar, S/o. Karuppaiah (Convict Prisoner CP No. 6100 confined at Central Prison, Madurai) for 21 days to assist with the petitioner's Medical Treatment and Surgery, within the time stipulated by this Honble Court. ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.
DINESH, Advocate for the petitioner and of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- The writ petitioner had filed W.P(MD) No.19020 of 2024 and we had examined the contention on 04.09.2024 and had passed the following order: "6. Taking all the factors into consideration, we are of the opinion that the son of the petitioner, K.Veniskumar, [Convict Prisoner No.2193], now detained in the Central Prison, Madurai, can be granted emergency leave for six days from 10.09.2024 at 10.00 a.m. to 17.09.2024 at 5.00 p.m.
7. Accordingly, the convict prisoner is granted emergency leave for 6 days without escort on the following 2/6
conditions :- (a)The detenu, K.Veniskumar, S/o.Karuppaiah [Convict Prisoner No.6100], now detained in the Central Prison, Madurai, is granted emergency leave for six (6) days from 10.09.2024 to 17.09.2024.
(b) During the said leave period, he shall report before the Inspector of Police, Virudhunagar West Station, Virudhunagar District, daily at 10.30 a.m., without fail.
(c)The detenu shall be released from the prison at 10.00 a.m., on 10.09.2024 and he shall return back to the prison at 5.00 p.m., on 17.09.2024.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual." 2.This miscellaneous petition has been filed seeking extension of emergency leave already granted. It must be noted that he had surrendered on 17.09.2024.
3.In order to find out the veracity of the reason advanced by the petitioner, we had sought for information from the Probation Officer, Thiruvilliputhur. The learned Additional Public Prosecutor had forwarded such a 3/6
report, wherein, it is stated that the petitioner is suffering from a cyst in the stomach, which has to be necessarily be operated and it had to be operated in the Government Hospital, Rajapalayam. It is evident that the presence of the son would be of some comfort to the petitioner herein.
4.Taking into consideration of the fact, we would grant a further period of six days emergency leave to the son of the petitioner K.Veniskumar, [Convict Prisoner No.2193], now detained in the Central Prison, Madurai, can be granted emergency leave for six days from 24.09.2024 at 10.30 a.m. to 01.10.2024 at 5.00 p.m.
5. Accordingly, the convict prisoner is granted emergency leave for 6 days without escort on the following conditions :- (a)The detenu, K.Veniskumar, S/o.Karuppaiah [Convict Prisoner No.6100], now detained in the Central Prison, Madurai, is granted emergency leave for six (6) days from 24.09.2024 to 01.10.2024, without escort.
(b) During the said leave period, he shall report before the Inspector of Police, Virudhunagar West Station, Virudhunagar District, daily at 10.30 a.m., without fail.
(c)The detenu shall be released from the prison at 10.30 a.m., on 24.09.2024 and he shall return back to the prison at 5.00 4/6
p.m., on 01.10.2024.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 6.With the above directions, this writ miscellaneous petition stands allowed.
sd/- 19/09/2024 / TRUE COPY / 20/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 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 POLICE, DEPARTMENT OF PRISONS AND CORRECTIONAL SERVICE, MADURAI RANGE, MADURAI CENTRAL PRISON CAMPUS, MADURAI DISTRICT.
3 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI DISTRICT.
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4 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:
THE DEAN, GOVERNMENT HOSPITAL, RAJAPALAYAM.
+1 CC to M/s.K.DINESH, Advocate ( SR-11460[I] dated 20/09/2024 ) ORDER IN W.M.P.(MD) No.18880 of 2024 in WP(MD) No.19020 of 2024 Date :19/09/2024 SA/SAR. /20.09.2024/6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6