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Madras High CourtWMP(MD)/23/2024dismissed

J.John Joseph Pringston v. The State Rep By

2024-01-05Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice J.NISHA BANU AND The Hon`ble Mr.Justice K.K. RAMAKRISHNAN WMP(MD). No.23 of 2024 in WP(MD). No.24656 of 2023 J.John Joseph Pringston ... Petitioner/Bro.Of the Detenu Vs 1 The State Rep By The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600009.

2 The Deputy Inspector General Of Prison, Madurai Range, Madurai-625001.

3 The Superintendent of Prison Central Prison, Palayamkottai, Palayamkottai.

... Respondents Prayer :- Writ Miscellaneous Petition is filed Under article 226 of the Constitution of India to issue a direction directing the respondents to extend the leave for one month without escort from 30.12.2023 without escort to the detenue, Anthony Luns Lord, S/o. A.Jesu Soosai Innasi, Convict No.29, detained at Central prison, Palyamkottai.

Prayer in WP(MD). No.24656 of 2023 :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order No. in No.29/Tha.Ku.2/2023, dated 04.09.2023 issued by the 3rd respondent and quash the same and consecutively direct the 1st respondent to grant leave for 40 days without escort to the detenue, Anthony Luns Lord, S/o. A.Jesu Soosai Innasi, Convict No.29, detained at Central prison, Palyamkottai and pass such further or other orders as this Court may deem fit and proper in the circumstances of this case .

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. S.Manoharan, Advocate for the Petitioner and of M/s. S.Ravi, Addiional Public Prosecutor for the respondents, this Court made the following order: The petitioner has filed this petition seeking for a direction to the respondents to extend the leave period for one month without escort from 30.12.2023 to the detenu, Anthony Luns Lord, S/o.A.Jesu Soosai Innasi, Convict No.29, detained at Central Prison, Palayamkottai.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor, on instructions, submitted that after completion of the leave period, the detenu already surrendered before the jail authorities on 30.12.2023 at 5.00 p.m.

3. When the leave period is expired and the detenu has already surrendered before the jail authorities, there is no question of extension of leave period. Hence, this petition is dismissed.

Sd/- Assistant Registrar(CS III) // True Copy // /01/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1 The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600009.

2 The Deputy Inspector General Of Prison, Madurai Range, Madurai-625001.

3 The Superintendent of Prison Central Prison, Palayamkottai, Palayamkottai.

4 The Addiional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 05/01/2024 ==========================

ORDER

========================== WMP(MD). No.23 of 2024 in WP(MD). No.24656 of 2023 Giving direction and etc.

as stated within.

MGJ(18.01.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023