Venkadasubbu v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Venkadasubbu ... 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 E560363/Thaku2/2024, dated 06.12.2024, passed by the respondent and quash the same as illegal and consequently direct the respondent to release the petitioner's son namely, Ravibalan, S/o.Venkadasubbu, (CP No.1109) on ordinary leave / emergency leave for 30 days, for arranging medical expenses of the petitioner's son.

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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 son is undergoing ten years rigorous imprisonment in Central Prison, Madurai. He was convicted for the offence under the provisions of TNPID Act, 1997. The petitioner's son has so far spent two years and nine months in prison. The petitioner is aged about 82 years and he is said to be having some ailments.

3. We are satisfied that a case for grant of leave has been made out. We direct the second respondent to grant fifteen days (15) ordinary leave to the convict without escort.

4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Ravibalan, S/o.Venkadasubbu, [Convict No.1109] now detained at Central Prison, Madurai is granted ordinary leave for 2/5

fifteen (15) days from 24.12.2024 to 07.01.2025 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 23.12.2024 and he shall return to the prison at 10.00 a.m., on 08.01.2025. (c) During the said leave period, he shall report before the Inspector of Police, Thadikombu Police Station, Dindigul District daily at 05.00 p.m., from 24.12.2024 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.,) 19.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 20.12.2024.

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

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

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Copy to:

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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