Muthupandi v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Muthupandi ... Petitioner Vs.

1.The Superintendent, Madurai Central Prison, Madurai District.

2.The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to grant emergency leave or ordinary leave to the petitioner's son namely, Siva @ Sivaramalingam @ Periyavan (Convict Prisoner No.2051) for period of one week ie., 17.11.2024 to 25.11.2024 by considering the petitioner's representation dated 12.11.2024 within a stipulated time that may be fixed by this Court. 1/4

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

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

2.The petitioner is the father of a life convict. He seeks emergency leave for his son (Convict No.2051). The reason is that the marriage of the convict's brother / petitioner's younger son is to be celebrated on 20.11.2024.

3.The learned Additional Public Prosecutor strongly opposed the said request. He pointed out that the convict is involved in as many as eight cases out of which, two fall under Section 302 of IPC. 4.However, considering the special facts and circumstance, we are of the view that emergency leave can be granted for two days (ie., 19.11.2024 and 20.11.2024) with necessary escort. 2/4

5.The writ petition is disposed of the following conditions :- (a) The convict-prisoner, Siva @ Sivaramalingam @ Periyavan S/o.Muthupandi [LCT No.2051] now detained in the Central Prison, Madurai is granted emergency leave for two (2) days from 19.11.2024 to 20.11.2024.

(b) The convict prisoner shall be released from the prison at 09.00 a.m., on 19.11.2024 and he shall return to the prison at 5.00 p.m on 20.11.2024. (c) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

(G.R.S. J.,) & (R.P. J.,) 15.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 15.11.2024 To:- 1.The Superintendent, Madurai Central Prison, Madurai District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 2.The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli.

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

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