Madras High Court
Periyasamy vs The Director General Of Prisons on 16 October, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.21955 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 16.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD) No.21955 of 2024
Periyasamy ... Petitioner
Vs
1.The Director General of Prisons,
Directorate of the Central Prison,
Tamil Nadu Prison,
Whannels Road,
Egmore, Chennai - 600 008.
2. The Deputy Inspector General of Prisons,
Madurai Range,
Madurai Central Prison Campus,
Madurai City - 625 016.
3. The Superintendent of Prison,
Madurai Central Prison,
Madurai City - 625 016. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD) No.21955 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records relating to the impugned order passed by the 3rd
respondent vide his proceedings No.6109/ThaKu2/2024 dated
04.08.2024 with endorsement dated 05.09.2024 and quash the same as
illegal and consequently, direct the 3rd respondent to grant leave to the
petitioner's son Arun, son of Periyasamy, a life convict prisoner in
C.P.No.6109, confined at the Central Prison, Madurai, forthwith without
escort.
For Petitioner : Mr.J.Vijayaraja
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed by the father of the convict
prisoner, Arun, who is a life convict prisoner in C.P.No.6109 and now
confined at the Central Prison, Madurai, in the nature of a Writ of
Certiorarified Mandamus to quash the order passed by the 3rd respondent/
Superintendent of Prison, Madurai Central Prison, Madurai, dated
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04.08.2024 in No.6109/ThaKu2/2024 and grant emergency leave to the
son of the petitioner, since the wife of the petitioner / mother of the
convict prisoner is suffering from advanced stage of cancer.
2. The son of the petitioner, had been convicted for life
imprisonment till his natural life consequent to judgment in S.C.No.31 of
2019 by the III Additional District Court/ Special Court for PCR Cases,
Madurai, by judgment dated 08.03.2022. He had been convicted for
offences punishable under Sections 120(b) r/w.302 IPC and r/w.3(2)(v)
of SC/ST (POA) Act. A Criminal Appeal had been filed before this
Court in Crl.A.(MD)No.233 of 2022 and the conviction had been upheld
on 02.06.2023 and further appeal is now pending before the Hon'ble
Supreme Court.
3. A report had been obtained from the Probationary Officer,
wherein, it has been stated as a fact the mother of the convict prisoner is
suffering from cancer and that now she is admitted at Shanmuga Cancer
Centre at Salem.
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4. Since the fact stated has been verified as correct, we are
inclined to exercise our jurisdiction and quash the order of the third
respondent. We are of the opinion that the son of the petitioner, Arun,
[Convict Prisoner No.6109], now detained in the Central Prison,
Madurai, can be granted emergency leave for six days from 18.10.2024
at 10.00 a.m. to 23.10.2024 at 5.00 p.m., however, with escort.
5. The Superintendent of Prison, Central Prison, Madurai,
may exercise his discretion as to the nature of the escort to be provided
taking into consideration the sensitivity of the case in which the son of
the petitioner was involved.
6. Accordingly, the convict prisoner is granted emergency
leave for 6 days with escort on the following conditions :-
(a)The convict prisoner, Arun, S/o.Periyasamy,
[Convict Prisoner No.6109], now detained in the
Central Prison, Madurai, is granted emergency leave for
six (6) days from 18.10.2024 to 23.10.2024.
(b) The convict prisoner shall be released from
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the prison at 10.00 a.m., on 18.10.2024 and he shall
return back to the prison at 5.00 p.m., on 23.10.2024.
(c)The third respondent is directed to provide
escort to the convict from the Central Prison at the time
when he leaves the prison and till such time, he is taken
back to the prison. It is clarified that the cost involved
in providing escort shall be borne by the petitioner.
(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
disposed of.
(C.V.K., J.) (R.P., J.)
16.10.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
Note : Issue order copy on 16.10.2024
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To
1.The Director General of Prisons,
Directorate of the Central Prison,
Tamil Nadu Prison,
Whannels Road,
Egmore, Chennai - 600 008.
2. The Deputy Inspector General of Prisons,
Madurai Range,
Madurai Central Prison Campus,
Madurai City - 625 016.
3. The Superintendent of Prison,
Madurai Central Prison,
Madurai City - 625 016.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V.KARTHIKEYAN, J.
AND
R.POORNIMA, J.
RM
16.10.2024
https://www.mhc.tn.gov.in/judis
