Saroja v. The Deputy Inspector General Of Prison

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 Saroja ... Petitioner Vs 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Madurai Jail Road, Madurai District.

3.The Superintendent of Police, O/o.Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, O/o.Srivilliputtur Town Police Station, Virudhunagar District.

... Respondents 1/4

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 1 & 2 to grant an ordinary leave for the period of 30 days without escort to the petitioner's son namely Kumar Son of Mani who is life convict prisoner in C.P.No.4975 at Madurai Central Prison by considering the petitioner's representation dated 17.12.2024. For Petitioner : Mr.K.Ramadurai 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 in central prison, Madurai. He was convicted in a murder case. When the sentence was suspended and he was out on bail, he committed another murder which was for gain. Both the convictions have been confirmed by this Court. Since the petitioner's son has been convicted for the offence under Section 302 r/w 392 of IPC, he is not entitled for ordinary leave. We are also satisfied that no case for emergency leave has been made out.

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3. The Writ Petition is dismissed. No costs. (G.R.S., J.) (R.P., J.) 20.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Madurai Jail Road, Madurai District.

3.The Superintendent of Police, O/o.Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, O/o.Srivilliputtur Town Police Station, Virudhunagar District.

5.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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