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Madras High CourtWP(MD)/30985/2024allowed

Vetri @ Sivasubramanian v. The Deputy Inspector General Of Prison

2024-12-20Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Vetri @ Sivasubramanian ... Petitioner Vs 1.The Deputy Inspector General of Prison, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy-620023.

2.Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Trichy.

... 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 first respondent to consider the representation dated 06.12.2024 made by the petitioner and issue appropriate orders in accordance with law for grant of ordinary leave for a period of one month.

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For Petitioner : Mr.S.Sivasubramanian 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 is undergoing life sentence in Central Prison, Trichy. So far he has spent more than four years in prison. Since the petitioner has been convicted for the offence under Section 392 r/w 397 of IPC, he may not be entitled to ordinary leave. The petitioner's father is said to be bedridden.

3. Considering the special facts and circumstances, we direct the second respondent to grant five days emergency leave to the petitioner with single escort.

4. Accordingly, the convict prisoner is granted emergency leave for five days with single escort on the following conditions :- 2/5

(a)The convict prisoner, Vetri @ Sivasubramanian S/o.Palanisamy [Convict Prisoner No. 23547], now detained in the Central Prison, Trichy, is granted emergency leave for five (5) days from 22.12.2024 to 26.12.2024.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 21.12.2024 and he shall return to the prison at 10.00 a.m., on 27.12.2024. (c)The second respondent is directed to provide single escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(d) 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.) 20.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 20.12.2024 3/5

To 1.The Deputy Inspector General of Prison, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy-620023.

2.Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Trichy.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 20.12.2024 5/5