V.Mayandi v. The Deputy Inspector General

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 V.Mayandi ... Petitioner Vs 1.The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai.

2.The Jail Superintendent, Central Prison, Madurai.

... 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 respondents to release the petitioner's son namely Verendran S/o.Mayandi (CP No.1675) on an ordinary leave (parole) for a month in the light of his petition dated 07.11.2024 on the file of the second respondent.

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For Petitioner : Mr.R.Venkateswaran 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 undergoing 10 years rigorous imprisonment in Central Prison, Madurai. It is a case involving offences under NDPS Act. The appeal is pending before this Court. Hence, the convict is not entitled to ordinary leave. It appears that he has availed loan from TMB as well as from the private parties. He wants to arrange funds for settling the loan liability.

3. Taking into account these aspects, we direct the second respondent to grant 10 days emergency leave for the convict with necessary escorts. The Superintendent of Police, Madurai Rural is directed to provide necessary escorts for the prisoner.

5. Accordingly, the convict-prisoner is granted emergency leave for 10 days with necessary escort on the following conditions :- 2/5

(a)The convict prisoner, Verendran S/o.Mayandi [C.P.No.1675], now detained in the Central Prison, Madurai, is granted emergency leave for 10 days from 06.01.2025 to 15.01.2025.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 05.01.2025 and he shall return to the prison at 10.00 am.., on 16.01.2025. (c) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

6.With the above direction, the Writ Petition stands allowed. 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 3/5

To 1.The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai.

2.The Jail Superintendent, Central Prison, Madurai.

3.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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