A. Raju v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2024

CORAM

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

1.The Secretary to Government, The Home Department (Prison IV), State of Tamil Nadu, Fort St.George, Chennai.

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

3.The Inspector of Police, All Women Police Station, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.1 and 2 to release the petitioner's son namely, Lingamoorthy (C.P.No.6407) on parole on 20.11.2024 to enable him to execute the sale deed relating to his mother's property by considering the 1/5

petitioner's representation dated 07.11.2024 within the time frame as fixed by this Court.

For Petitioner : Mr.A.Sheik Nasurdeen 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 the convict. The petitioner's son / Lingamoorthy (LCT No.6407) has been sentenced to life imprisonment for the offence under Section 6 of POCSO Act, 2012. He is incarcerated in Central Prison, Madurai. The presence of the convict is required for executing sale deed. Copy of the draft sale deed has been enclosed at Page No.100 of the typed set of papers.

3.Considering the reasons set out in the affidavit filed in support of the writ petition, we direct the second respondent to grant a day's leave for the convict under single escort.

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4.The writ petition is disposed of on the following conditions :- (a)The convict-prisoner, Lingamoorthy, S/o.Raju [LCT No.6407] now detained in the Central Prison, Madurai is granted leave for one day on 20.11.2024 from 07.00 am to 06.00 pm.

(b) The convict prisoner shall be released from the prison at 07.00 a.m., on 20.11.2024 and he shall return to the prison at 6.00 p.m on the same day. (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.,) 19.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 20.11.2024.

Note : The prison authority to act on this web copy without waiting for the certified copy.

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To:- 1.The Secretary to Government, The Home Department (Prison IV), State of Tamil Nadu, Fort St.George, Chennai.

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

3.The Inspector of Police, All Women Police Station, Dindigul.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 19.11.2024 5/5