Pappammal v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Pappammal ... Petitioner Vs 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road,Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o The Superintendent of Police, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent Nos.1 and 2 to grant ordinary leave for the period of 30 days 1/6

to the petitioner's son namely P. Kutty Kumar (CP No.4846) who is convicted for life imprisonment in Murder Case and is languishing Central Prison, Madurai for the past 13 years by considering the petitioners representation dated on 17.10.2024. For Petitioner : Mr.R.Vignesh For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

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

2. The petitioner's son Kutty Kumar (CP No.4846) is undergoing life sentence in Central Prison, Madurai. The petitioner seeks ordinary leave for her son.

3. The learned Additional Public Prosecutor submitted that the petitioner's son absconded when he was granted leave in the year 2013. He was secured only after a lapse of four years thereafter. 2/6

4. We are therefore of the view that the convict can be given only emergency leave. The petitioner is said to be very ill. Hence, emergency leave for 15 days is granted without escort for the petitioner's son. 5.Accordingly, the convict-prisoner is granted emergency leave for 15 days without escort on the following conditions :- (a)The convict prisoner, Kutty Kumar S/o.Paramasivam [CP No.4846], now detained in the Central Prison, Madurai, is granted emergency leave for Fifteen (15) days from 26.11.2024 to 10.12.2024. (b) The convict prisoner shall be released from the prison at 10.00 a.m., on 25.11.2024 and he shall return back to the prison at 5.00 p.m., on 11.12.2024. (c) During the said leave period, he shall report before the Inspector of Police, Uthamapalayam Police Station, Theni District, daily at 10.00 a.m., from 26.11.2024 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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6.With the above direction, the Writ Petition stands allowed. No costs.

(G.R.S., J.) (R.P., J.) 18.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 19.11.2024 To 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road,Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o The Superintendent of Police, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy To:

The Inspector of Police, Uthamapalayam Police Station, 5/6

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 18.11.2024 6/6