Madras High Court
M.Panju vs The Secretary To Government on 7 March, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P(MD)No.6090 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.6090 of 2025
M.Panju ... Petitioner
vs.
1.The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat, St. George Fort,
Chennai – 9.
2.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai.
3.The Superintendent of Prison,
Central Prison,
Madurai.
4.The Superintendent of Police,
Madurai District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to grant
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W.P(MD)No.6090 of 2025
one month emergency or ordinary leave without escort to the petitioner's brother
namely V.P.Pandi @ Attack Pandi, S/o.Ponnusamy (C.P.No.5932) a life convict
prisoner now confined at Central Prison, Madurai to participate in her son's
marriage by considering the petitioner's representation dated 25.02.2025.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by J. NISHA BANU, J.)
The writ petitioner, who is the sister of the life convict, seeking for a
direction to direct the respondents to grant one month emergency or ordinary
leave without escort to the petitioner's brother namely, V.P.Pandi @ Attack Pandi,
S/o.Ponnusamy (CP.No.5932) for attending the marriage of the petitioner's
younger son, by considering her representation dated 25.02.2025.
2.The case of the petitioner is that her brother V.P.Pandi @ Attack
Pandi, S/o.Ponnusamy (CP.No.5932) is a life convict and he is in incarceration
pursuant to the Judgment dated 21.03.2019 passed in Crl.A(MD)No.274 of 2011
and Crl.R.C(MD)No.310 of 2014, passed by this Court.
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3.The learned Additional Public Prosecutor appearing for the
respondents, on instructions, submitted that the petitioner's brother is involved in
the offences of communal nature. Further, he is also involved in two cases and
the same are also pending for trial in S.C.No.456 of 2016 and S.C.No.562 of 2018
before the IV Additional District Judge, Madurai.
4.Considering the submission made by the learned Additional Public
Prosecutor and the purpose for which the leave sought, this Court is inclined to
direct the respondents to grant ordinary leave for one day to the prisoner with
escort.
5.Accordingly, this Writ Petition is disposed of with the following
conditions:
(a) The convict prisoner V.P.Pandi @ Attack Pandi,
S/o.Ponnusamy (CP.No.5932) now detained at Central Prison,
Madurai is granted ordinary leave for one day ie., on 09.03.2025
with necessary escort.
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(b) The convict prisoner shall be released from the prison
at 05.00 a.m on 09.03.2025 and he shall return to the prison at 05.00
p.m on 09.03.2025.
(c) The Commissioner of Police, Madurai City is directed
to provide necessary escort to the convict from the Central Prison at
the time when he leaves the prison and till such time, he returns to
the prison. It is clarified that the cost involved in providing escort
shall be deducted from and out of the earnings of the convict.
(d) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail Manual.
6. No costs. For reporting compliance, post the matter on
10.03.2025.
[J.N.B.,J.] & [S.S.Y.,J.]
07.03.2025
NCC : Yes / No
Index : Yes / No
ps
Note: Issue Order Copy on 07.03.2025.
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To
1.The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat,
St. George Fort,
Chennai – 9.
2.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai.
3.The Superintendent of Prison,
Central Prison,
Madurai.
4.The Superintendent of Police,
Madurai District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 07.03.2025
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