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Madras High CourtWP(MD)/26621/2024allowed

Anna Juliet v. The Home Secretary

2024-11-12Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

1 W.P.(MD)NO.26621 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA W.P.(MD)No.26621 of 2024 Anna Juliet ... Petitioner Vs.

1. The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St. George, Chennai -9.

2. The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prisons, Madurai Range, Madurai.

4. The Superintendent of Prison, Special Prison for Woman, Madurai.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the respondents to grant 30 days emergency leave to the petitioner's mother Mariya Leela (Prison No.364) aged 69 who is now confined at Special Prison for Woman at Madurai as lift convict by considering the petitioner's representation dated 04.11.2024. 1/5

2 W.P.(MD)NO.26621 OF 2024 For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * *

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner is the daughter of the life convict (C.P. No.364). She has been incarcerated in Special Prison for Women, Madurai. It is stated that the convict is having serious diabetic related ailments. One of her fingers had already been amputated.

3. We are satisfied that the reasons projected in the affidavit filed in support of the writ petition are genuine. The convict is also aged 69 years. We direct the third respondent to grant 15 days emergency leave at one go. This writ petition is disposed of in the following terms:- (a)The convict prisoner, Marialeela, W/o.Packiyaraj [Convict Prisoner No.364], now detained in the Special Prison for Women, Madurai, is granted emergency leave for fifteen (15) days without 2/5

3 W.P.(MD)NO.26621 OF 2024 escort from 14.11.2024 to 30.11.2024.

(b) The convict prisoner shall be released from the prison at 10.00 a.m., on 14.11.2024 and she shall return to the prison at 5.00 p.m., on 30.11.2024. (c) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

No costs.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 12th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 13.11.2024 3/5

4 W.P.(MD)NO.26621 OF 2024 To:

1. The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St. George, Chennai -9.

2. The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prisons, Madurai Range, Madurai.

4. The Superintendent of Prison, Special Prison for Woman, Madurai.

4/5

5 W.P.(MD)NO.26621 OF 2024 G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

PMU W.P.(MD)No. 26621 of 2024 12.11.2024 5/5