Periyasamy v. The Director General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Periyasamy ... Petitioner Vs 1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625 016.

3.The Superintendent of Prison, Madurai Central Prison, Madurai City-625 016.

... Respondents 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 consider the petitioner's representation to grant leave to 1/5

the petitioner's son Arun S/o.Periyasamy a life convict prisoner in C.P.No.6109 confined at the Central Prison, Madurai forthwith without escort.

For Petitioner : Mr.J.Vijayaraja 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 son is undergoing life sentence at Central Prison, Madurai. The petitioner's mother had passed away. The petitioner therefore seeks grant of emergency leave for his son (convict).

3. Considering the special facts and circumstances of this case, we direct the third respondent to grant three days emergency leave so that the petitioner's son can attend the final ceremony. The leave is granted only under double escort. The Commissioner of Police, Madurai City is directed to provide necessary escorts.

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4.Accordingly, the convict-prisoner is granted emergency leave for 3 days with double escort on the following conditions :- (a)The convict prisoner, Arun S/o.Periyasamy [C.P.No.6109], now detained in the Central Prison, Madurai, is granted emergency leave for 3 days from 11.12.2024 to 13.12.2024.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 10.12.2024 and he shall return to the prison at 10.00 am.., on 14.12.2024. (c) 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.) 10.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 10.12.2024 To 3/5

1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625 016.

3.The Superintendent of Prison, Madurai Central Prison, Madurai City-625 016.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

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