Madras High Court
Karthick vs The Secretary To Government on 21 October, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.21855 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 21.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MS.JUSTICE R.POORNIMA
W.P(MD) No.21855 of 2024
Karthick ... Petitioner
Vs
1. The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat, St. George Fort,
Chennai - 600 009.
2. The Additional Director General of Police (Prisons)/
The Inspector General of Police,
Office of ADGP (Prisons)/ I.G. Of Prisons,
Thalamuthu Natarajar Maaligai,
Egmore, Chennai -8.
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W.P(MD) No.21855 of 2024
3. The 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 grant one month emergency leave without escort to the
petitioner's father, namely, Nataraj S/o. Andiappan, a life convict
prisoner (life convict No.6052), now confined at Central Prison,
Madurai, for the purpose of attending serious illeness of petitioner's
grandfather namely Andiappan and to carry out rituals relating to death
ceremony of petitioner's deceased mother for a period of one month by
considering the petitioner's representation, dated 03.09.2024.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
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W.P(MD) No.21855 of 2024
ORDER
This writ petition came up for consideration earlier, on 14.10.2024,
on which date, we had passed the following order:
“This Writ Petition has been filed in the nature of a
Writ of Mandamus seeking one month emergency leave
without escort to the father of petitioner, Nataraj, who is
life Convict Prisoner No.6052, confined at Central
Prison, Madurai, to his father/grandfather of the
petitioner, who is suffering from serious illness.
2.The father of the petitioner had been convicted for
offence punishable for the substantial offence under
Section 302 IPC and sentenced to undergo life
imprisonment and pay a fine of Rs.10,000/- in default, one
year simple imprisonment, by judgment of the Additional
Sessions Court at Dindigul in S.C.No.58 of 2019 by
judgment, dated 01.04.2021. That particular conviction
and sentence has been upheld by the Division Bench of
this Court in Crl.A.(MD)No.260 of 2021, but the
substantial offence punishable under Section 302 IPC had
been modified into offence punishable under Section
304(1) IPC by judgment dated 13.12.2023.
3.A report from the Probation Officer had been
forwarded by the learned Additional Public Prosecutor.
According to same, it is a fact that the grandfather of the
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petitioner is actually suffering from serious illness. It is
also seen that the convict had undergone imprisonment
for more than 3 years which is the statutory period to be
undergone to consider grant of leave.
4.In view of all these circumstances, initially, we
would grant ordinary leave for 5 days to the father of the
petitioner, Nataraj [Convict Prisoner No.6052], now
detained in the Central Prison, Madurai, with one escort
which would commence from 18.10.2024 to 22.10.2024.
5.Accordingly, the convict prisoner is granted
ordinary leave for 5 days with escort on the following
conditions:-
(a)The convict prisoner/ Nataraj [Convict Prisoner
No.6052], son of Andiappan, now detained in the Central
Prison, Madurai, is granted ordinary leave for five (5)
days from 18.10.2024 to 22.10.2024.
(b)The detenu shall be released from the prison at
10.00 a.m., on 18.10.2024 and he shall return back to the
prison at 6.00 p.m., on 22.10.2024.
(c)The third respondent is directed to provide
minimum 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.
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(d) The charges of the escort may be adjusted
towards the earnings of the convict prisoner during his
period of confinement at Central Prison, Madurai.
6. List the matter again on 21.10.2024. On that
date, if the escort is found to be not required, then we
would modify that particular condition.
7. List the matter again on 21.10.2024.”
2. We are now informed by the learned Additional Public
Prosecutor that escort had been provided and with the conduct of the
petitioner and the father of the petitioner had not come to any adverse
notice of the escort and the conduct could not be faulted.
3. In view of that particular observation made, we would extend
the leave for further period of 16 days on and from 23.10.2024 till
07.11.2024, however, without escort to the father of the petitioner. The
father of the petitioner has to sign before the Sanarpatti Police Station,
Dindigul District, every day at 10.30 am during the period of leave.
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4. With the above observation, the Writ Petition stands disposed
of. No costs.
(C.V.K., J.) (R.P, J.)
21.10.2024
LS
Note: issue order copy on 21.10.2024
To
1. The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat, St. George Fort,
Chennai - 600 009.
2. The Additional Director General of Police (Prisons)/
The Inspector General of Police,
Office of ADGP (Prisons)/ I.G. Of Prisons,
Thalamuthu Natarajar Maaligai,
Egmore, Chennai -8.
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3. The Superintendent,
Central Prison,
Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V.KARTHIKEYAN, J.
and
R.POORNIMA, J.
LS
21.10.2024
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