C.Ravichandran v. The State Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD)No.26278 of 2024 C.Ravichandran ... Petitioner / brother of the detenue Vs The State represented by its, 1.The Director Inspector General of Prison (DIG), Trichy Range, Trichy Central Prison, Trichy-620 020.
2.The Superintendent, Pudukkottai District Prison (Borstal School), Pudukkottai-622 001.
3.The Superintendent of Police, Office of Superintendent of Police, Trichy-620020.
... Respondents 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 bearing No.Mu.Mu. 1/5
106/Mu.Vu/2024, dated 11.06.2024 passed by the first respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 28 days without escort to the detenue, C.Sathyaraj S/o.Chinnakannu, aged about 34 years, Convict No.5671, detained at Pudukkotai District Prison, (Borstal School). 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 brother is undergoing life sentence in Pudukkottai District prison. He sought 28 days ordinary leave. It was also granted vide proceedings dated 11.06.2024 by the first respondent. The petitioner is however aggrieved by the provision for escort. Modification is sought on the ground set out in the affidavit filed in support of the writ petition.
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3. It is seen that the convict is having spinal cord issues. It is also submitted that he is working outside the prison in a petrol bunk run by the prison department.
4. Taking into account these aspects, we modify the proceedings dated 11.06.2024 issued by the first respondent. The prisoner shall be granted ordinary leave for 28 days without escort.
5. The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (R.P., J.) 02.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 03.01.2025 To 1.The Director Inspector General of Prison (DIG), Trichy Range, Trichy Central Prison, Trichy-620 020.
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2.The Superintendent, Pudukkottai District Prison (Borstal School), Pudukkottai-622 001.
3.The Superintendent of Police, Office of Superintendent of Police, Trichy-620020.
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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