Nagajothi v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Nagajothi ... Petitioner Vs 1.State of Tamil Nadu, Rep. by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director General of Prisons and Correctional Services, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Central Prison Campus, New Jail Road, Madurai 625 016.
4.The Superintendent of Prison, Central Prison, Palayamkottai.
... Respondents 1/5
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 to release the petitioner's husband by name Mariappan (L.C.T.No.23) son of Narayanathevar aged about 57 years confining at Palayamkottai Central Prison on ordinary leave without escort for the period of one month.
For Petitioner : Mr.R.Venkatesan 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 husband is undergoing life sentence in Palayamkottai Central Prison. He has so far spent more than thirteen years in prison. He is eligible for 28 days ordinary leave. He has already availed 10 days leave this year. He is therefore entitled to ordinary leave for 18 days.
3. Accordingly, the convict-prisoner is granted ordinary leave for 18 days without escort on the following conditions :- 2/5
(a)The convict prisoner, Mariappan S/o.Narayanathevar now detained in the Central Prison, Palayamkottai, is granted ordinary leave for eighteen
(18) days from 12.12.2024 to 29.12.2024.
(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 11.12.2024 and he shall return back to the prison at 10.00 a.m., on 30.12.2024. (c) During the said leave period, he shall report before the Inspector of Police, Arumaganeri Police Station, Thoothukudi District, daily at 07.00 p.m., from 12.12.2024 onwards, without fail.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
5.With the above direction, the Writ Petition stands allowed. No costs.
(G.R.S., J.) (R.P., J.) 06.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 09.12.2024 3/5
To 1.The Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director General of Prisons and Correctional Services, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Central Prison Campus, New Jail Road, Madurai 625 016.
4.The Superintendent of Prison, Central Prison, Palayamkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
rmi 06.12.2024 5/5