Mageshwari v. The State Represented By Its
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 Mageshwari ... Petitioner / Wife of the detenue Vs The State represented by its
1. The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.
3.The Superintendent, Trichy Central Prison, Trichy-620 020.
4.The Superintendent of Police, Office of Superintendent of Police, Trichy-620 020.
... 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 grant ordinary leave of 30 days without escort to the detenu, Pandiyarajan S/o.Annadurai aged about 28 years, Convict No. 23829, confined at Central Prison, Trichy.
For Petitioner : Mr.S.Manoharan 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 Central Prison, Trichy. He is said to be suffering from certain medical ailments. The petitioner seeks ordinary leave for her husband. The petitioner's husband has been in prison for little over three years. He is eligible for 21 days ordinary leave. He has already availed 15 days ordinary leave. Therefore, he can be given six more days ordinary leave. We direct the third respondent to grant six days ordinary leave without escort. 2/5
3. Accordingly, the convict-prisoner is granted ordinary leave for 6 days without escort on the following conditions :- (a)The convict prisoner, Pandiyarajan S/o.Annadurai (Convict No.23829) now detained in the Central Prison, Trichy, is granted ordinary leave for Six
(6) days from 12.12.2024 to 17.12.2024.
(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 18.12.2024. (c) During the said leave period, he shall report before the Inspector of Police, Thillainagar Police Station, Trichy 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.
4.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 of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.
3.The Superintendent, Trichy Central Prison, Trichy-620 020.
4.The Superintendent of Police, Office of Superintendent of Police, Trichy-620 020.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
rmi 06.12.2024 5/5