Shanmugapriya v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

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

The Superintendent, Central Prison, Madurai - 16.

... Respondent Prayer : 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 impugned order in E410923/Thaku2/2024, dated 21.11.2024, passed by the respondent and quash the same as illegal and consequently direct the respondent to release the petitioner's husband namely, Rameshkumar, S/o. Venkadasubbu, (CP No.1107) on ordinary leave / emergency leave for 60 days, for arranging medical expenses of the petitioner's husband. 1/5

For Petitioner : Mrs.S.Prabha For Respondent : 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 husband is undergoing ten years rigorous imprisonment in a cheating case in Central Prison, Madurai. The petitioner's husband had already availed 21 days ordinary leave this year. Therefore, he is not eligible for any more ordinary leave for the present. 3.The learned counsel for the petitioner states that the son of the convict is having cardiac related aliments. Considering the same, we direct the respondent to grant six (6) days emergency leave without escort.

4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Rameshkumar, S/o.Venkadasubbu, [Convict No.1107] now detained at 2/5

Central Prison, Madurai is granted emergency leave for six (6) days from 16.12.2024 to 21.12.2024 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 15.12.2024 and he shall return to the prison at 10.00 a.m., on 22.12.2024. (c) During the said leave period, he shall report before the Inspector of Police, Thadikombu Police Station, Dindigul District daily at 07.00 a.m., and 07.00 p.m., from 16.12.2024 onwards, without fail.

(d) 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.,) 12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 13.12.2024.

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To:- 1.The Superintendent, Central Prison, Madurai - 16.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Thadikombu Police Station, Dindigul District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 12.12.2024 5/5