Maria Arokiyam v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Maria Arokiyam ... 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, Dindigul District.
... 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 to the period of 30 days to the petitioner's son namely, Aruldoss (CP.No.5107) who is a life convict prisoner in a murder case and is languishing in the Central 1/5
Prison, Madurai for the past 14 years by considering petitioner's representation dated on 07.10.2024.
For Petitioner : Mr.R.Vignesh 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's son namely, Aruldoss (Convict No.5107) is undergoing life sentence in Central Prison, Madurai. He has so far spent 14 years in prison. The petitioner seeks ordinary leave for his son. The probation officer as well as the jurisdictional police have expressed their reservations.
3.Considering the long period of incarceration already undergone by the petitioner's son, we are of the view that relief as sought for can very well be granted. We, therefore, direct the second respondent to grant ordinary leave from 04.12.2024 to 26.12.2024 in favour of the petitioner's son without escort.
2/5
4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Aruldoss, S/o.Maria Arokiyam [Convict No.5107] now detained in the Central Prison, Madurai is granted ordinary leave from 05.12.2024 to 25.12.2024 without escort.
(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 04.12.2024 and he shall return to the prison at 10.00 a.m., on 26.12.2024. (c) During the said leave period, he shall report before the Inspector of Police, Chinnala Patti Police Station, Dindigul District District daily at 07.00 a.m., and 07.00 p.m., from 05.12.2024 onwards, without fail. (d) The petitioner's son / Aruldoss shall not enter the limits of Ambaturai village during the leave period. (e) 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.,) 29.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 02.12.2024.
3/5
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, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Chinnala Patti Police Station, Dindigul District.
4/5
G.R.SWAMINATHAN, J.
and R.POORNIMA, J.
ias 29.11.2024 5/5