Muthulakshmi v. The Secretary

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 Muthulakshmi ... Petitioner Vs.

1.The Secretary, Home Department (Prison), State of Tamil Nadu, Fort St. George, Chennai.

2.The Superintendent of Prison,, Trichy Central Jail, Trichirappalli, Trichy - 20.

3.The Inspector of Police, All Women Police Station, Aranthangi, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to grant emergency leave or (Parole) for 20 days, by considering petitioner's representation dated 14.11.2024. 1/5

For Petitioner : Mr.R.Paranjothi, For M/s.KBS Law Office.

For Respondents : 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, Trichy. The petitioner seeks emergency leave for her son so as to enable him to complete his degree course. 3.Without going into the possibility of the convict being able to complete the degree course, we direct the second respondent to grant five days (5) emergency leave for the convict from 06.01.2025 to 10.01.2025 without escort.

4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Surendhar, S/o.Subramaniyan, [Convict Prisoner No.408377] now detained at Central Prison, Trichy is granted emergency 2/5

leave for five (5) days from 06.01.2025 to 10.01.2025 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 05.01.2025 and he shall return to the prison at 10.00 a.m., on 11.01.2025 . (c) During the said leave period, he shall report before the Inspector of Police, Aranthangi All Women Police Station, Pudukkottai District daily at 05.00 p.m., from 06.01.2025 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 Secretary, Home Department (Prison), State of Tamil Nadu, Fort St. George, Chennai.

2.The Superintendent of Prison,, Trichy Central Jail, Trichirappalli, Trichy - 20.

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3.The Inspector of Police, All Women Police Station, Aranthangi, Pudukkottai District.

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

Copy to:

The Inspector of Police, Aranthangi All Women Police Station, Pudukkottai District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 19.12.2024 5/5