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Madras High CourtWP(MD)/25411/2023disposed of

Ashraff Ali v. The Deputy Inspector General Of Prison

2023-10-30Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice C.KUMARAPPAN ASHRAFF ALI ... PETITIONER/PETITIONER Vs 1 THE DEPUTY INSPECTOR GENERAL OF PRISON, TRICHY RANGE, RACE COURSE ROAD, KOZHIPANNAI SALAI (NEAR SRM HOTEL), TRICHY 620 023.

2 SUPERINTENDENT OF PRISONS, OFFICE OF THE SUPERINTENDENT OF PRISONS, CENTRAL PRISON, TRICHY.

... RESPONDENTS/RESPONDENTS Writ Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation dated 13.09.2023 made by the petitioner and issue appropriate orders in accordance with law, for grant of ordinary leave, for a period of one month. ORDER : This writ 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 M/S.SOMASUNDARAM.E, Advocate for the petitioner, the court made the following order:- 1/3

The petitioner/convict had communicated a letter to his counsel furnishing the addresses of his wife and his brother's sons. The Probation Officer has enquired one of the sons of the convict's brother, by name, Mohammed Kani and on his information, the Probation Officer had also enquired the convict's sister. But they are not inclined to give shelter for the convict while he is on leave and they have also seriously objected for releasing him on leave. The wife of the convict has also expressed her non-willingness.

2. The Probation Officer shall enquire the other son of the convict's brother, namely, Jahir Hussain, whether he is willing to provide temporary shelter for the convict while the convict will be on ordinary leave.

3. Post the matter on 01.04.2024.

sd/- 25/03/2024 / TRUE COPY / 28/03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY INSPECTOR GENERAL OF PRISON, TRICHY RANGE, RACE COURSE ROAD, KOZHIPANNAI SALAI (NEAR SRM HOTEL), TRICHY 620 023.

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2 THE SUPERINTENDENT OF PRISONS, OFFICE OF THE SUPERINTENDENT OF PRISONS, CENTRAL PRISON, TRICHY.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :25/03/2024 RS/GS/SAR-(28.03.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3