Madras High Court
Palavesathammal vs The State Of Tamil Nadu on 10 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, J.Sathya Narayana Prasad
W.P(MD) No.19707 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 10.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD) No.19707 of 2024
Palavesathammal ... Petitioner
Vs
1.The State of Tamil Nadu
Rep. by its Additional Chief Secretary to Government,
Home Department (Prisons)
Secretariat, Chennai
2.The Director Inspector General of Prison,
Madurai Zone,
Madurai Central Prison, Madurai- 625 016
3. The Superintendent of Prisons,
Central Prison,
Palayamkottai ... Respondents
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 pertaining to the Impugned order of the first
respondent dated 03.07.2024 in No. 238/UTHA.2/2024 and quash the
same and consequently direct the respondents to grant ordinary leave for
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W.P(MD) No.19707 of 2024
40 days without escort to the petitioner's son Madasamy S/o.Arumugam,
Life Convict No. 4227 serving life sentence at Palayamkottai Central
Prison.
For Petitioner : Mr.R. Narayanan
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of a
Certiorarified Mandamus seeking to quash the impugned order dated
03.07.2024 passed by the first respondent in proceedings No.
238/UTHA.2/2024 and to quash the same and to direct the respondents to
grant ordinary leave for 40 days without escort for the son of the
petitioner Madasamy S/o.Arumugam, Life Convict No. 4227 serving as
a life convict in Central Prison, Palayamkottai.
2. In the affidavit filed in support of the petition it had been
stated that the petitioner is aged about 64 years and suffering from
serious health issues like severe chest pain and urinary infection and she
is under continuos treatment. She has stated that her husband is aged
about 70 years and not able to support her for treatment. Under those
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circumstances, she has sought leave for her son Madasamy who is life
convict and now confined at Central Prison, Palayamkottai and that if
leave is granted he would be of assistance to her.
3. It was informed in the previous hearing that the son of the
petitioner was involved in yet another case in C.C. No. 400 of 2015
which was pending trial before the learned Judicial Magistrate,
Valliyoor.
4. We are informed that the learned Magistrate had
pronounced judgment on 06.09.2024 acquitting the son of the petitioner
of all charges. Therefore the particular impediment is also not there. .
5. It is also informed by the learned Additional Public
Prosecutor for the respondents that the son of the petitioner had served
sentence for more than six years.
6. Accordingly the impugned order passed by the first
respondent dated 03.07.2024 in No. 238/UTHA.2/2024 is set aside and
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the writ petition is allowed and the life convict prisoner is granted
ordinary leave for 28 days without escort on the following conditions:-
(a)The detenu, Madasamy S/o.Arumugam, [Life
Convict No. 4227], now detained in the Central Prison,
Palayamkottai, is granted ordinary leave for 28 days from
13.09.2024 to 10.10.2024.
(b) During the said leave period, he shall report before
the Inspector of Police, Sevanthipatti Police Station,
everyday at 10.30 a.m., without fail.
(c)The detenu shall be released from the prison at
10.00 a.m., on 13.09.2024 and he shall return back to the
prison at 06.00 p.m., on 10.10.2024.
(d) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail Manual.
(C.V.K., J.) (J.S.N.P, J.)
10.09.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
Note: Issue order copy on 11.09.2024
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To
1.The Additional Chief Secretary to Government,
The State of Tamil Nadu
Home Department (Prisons)
Secretariat, Chennai-
2.The Director Inspector General of Prison,
Madurai Zone,
Madurai Central Prison, Madurai- 625 016
3. The Superintendent of Prisons,
Central Prison,
Palayamkottai
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V.KARTHIKEYAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
aav
10.09.2024
https://www.mhc.tn.gov.in/judis
