Madras High CourtWP(MD)/23150/2024disposed of

Arumugam v. The Deputy Inspector General Of Prison

2024-10-16Honourable Mr Justice C.V. Karthikeyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16.10.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Arumugam ... Petitioner Vs

1. The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range,Madurai Central Prison Campus, New Jail Raod, Madurai

2. The Superintendent of Prison, Central Jail, New Jail Road, Madurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for a period of 30 days to the petitioner's son namely Kalimuthu, C.P.No.5570 who is life sentenced prisoner in a POCSO case and languishing in jail for the past nine years by considering the petitioner's representation dated 19.09.2024. 1/5

For Petitioner : Mr.A.Naresh Prabhu For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking direction to grant ordinary leave for 30 days to the son of the petitioner namely Kalimuthu, C.P.No.5570 and now confined at Central Prison, Madurai.

2. The representation had been given on 19.09.2024 stating that the petitioner herein is having some medical ailments and therefore requires the presence of his son. The son of the petitioner, Arumugam was convicted by the Sessions and Mahila Court, Madurai in Spl.S.C. No.27 of 2015 for the offence punishable under Section 5(L) r/w.6 of POCSO Act and sentenced to undergo life imprisonment. Appeal had been filed before this Court in Crl.A(MD) No.450 of 2016 and the same was dismissed by this Court on 09.03.2018. The victim child is the daughter of the son of the petitioner and she has to be protected. 2/5

3. At any rate since the writ petition is only for a mandamus we direct the respondents to pass orders on the representation given by the petitioner within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition stands disposed of.

(C.V.K., J.) (R.P., J.) 16.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav Note : Issue order copy on 17.10.2024 To

1. The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range,Madurai Central Prison Campus, New Jail Raod, Madurai

2. The Superintendent of Prison, Central Jail, New Jail Road, Madurai 3/5

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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C.V.KARTHIKEYAN, J.

AND R.POORNIMA, J.

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