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Madras High CourtWP(MD)/31456/2024allowed

J.Keerthana v. The Deputy Inspector General Of

2025-01-03Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY J.Keerthana ... Petitioner Vs.

1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent, Central Prison, Trichy - 620 020.

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant 30 days Emergency Leave without Police escort to the petitioner's Husband, namely Jeeva, S/o 1/4

Chandirasekaran, Life Convict, bearing Convict Prisoner No. 24135 confined at Central Prison, Trichy on the basis of the petitioner's representation dated 20.11.2024.

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioner's husband is undergoing life sentence in Central Prison, Trichy. He has so far spent 2 years 8 months in prison. The prisoner's mother is said to be suffering from serious medical ailments. The petitioner therefore wants leave for her husband. Since the prisoner has not completed 3 years in prison, he may not be entitled to ordinary leave. 3.However, taking into account the facts and circumstances set out in the affidavit filed in support of this writ petition, we grant 6 days emergency leave for the prisoner.

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4.Accordingly, the convict-prisoner is granted emergency leave for 6 days without escort on the following conditions :- (a)The convict prisoner, Jeeva, S/o Chandirasekaran [Convict Prisoner No.24135], now detained in the Central Prison, Tiruchirappalli, is granted emergency leave for six (6) days from 06.01.2025 to 11.01.2025.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 05.01.2025 and he shall return back to the prison at 10.00 a.m., on 12.01.2025.

(c) During the said leave period, he shall report before the Inspector of Police, Vangal Police Station, Karur District, daily at 07.00 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. 7.With the above direction, the Writ Petition stands allowed. No costs.

[G.R.S., J.] [S.S.Y., J.] 03.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA Note: Issue order copy on 03.01.2025.

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G.R.SWAMINATHAN, J and S.SRIMATHY, J.

MGA To 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent, Central Prison, Trichy - 620 020.

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

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

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