Writ petition challenging the Superintendent of Prison's rejection of emergency leave for a convict at Central Prison, Puzhal, sought to meet his ailing sister and execute documents. The court granted nine days' emergency leave with escort in two spells and quashed the impugned order.
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W.P.No.34524 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.34524 of 2024
Vimala
... Petitioner
Vs.
1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai – 600008.
2.The Superintendent, Puzhal, Central Prison-I, Chennai ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records connected with impugned order dated 06.11.2024 in proceedings No.429713/Thaku.2/2024 passed by the second respondent and quash the same and directing the respondents to grant emergency leave for 15 days without escort to the detenue, Theivaneethi s/o.Late Veluchamy aged about 47 years bearing Convict No.10333 confined at Central Prison, Puzhal.
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W.P.No.34524 of 2024
For Petitioner : Ms.S.Sadhana For Respondents : Mr.R.Muniapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. ) The rejection of leave application by the Superintendent of Prison, Puzhal Chennai by the Proceeding No.429713/Thaku.2/2024 dated 06.11.2024 is under challenge in the present writ proceedings.
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W.P.No.34524 of 2024
before the Sub Registrar Office, we are inclined to grant nine days emergency leave. Consequently, the impugned order No.429713/Thaku.2/2024 dated 06.11.2024 is quashed and the prisoner is granted emergency leave for 9 days, which is to be granted in two spells i.e., 6 days + 3 days from 11.12.2024 till 19.12.2024.
6 . Accordingly, the convict prisoner viz., Theivaneethi s/o.Late Veluchamy aged 47 years bearing Convict No.10333 confined at Central Prison, Puzhal, is hereby granted emergency leave for a period of 9 days , with escort commencing from 11.12.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Theivaneethi s/o.Veluchamy aged 47 years bearing Convict No.10333 confined at Central Prison, Puzhal o n emergency Leave for a period of 9 days i.e., from 11.12.2024 to 19.12.2024.
(ii) The Convict Prisoner shall be released on 11.12.2024 at 10.00 am and surrender before the Superintendent, Central Prison, Puzhal, on 19.12.2024 at 05.30 p.m.
(iii) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
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W.P.No.34524 of 2024
7. Accordingly, the writ petition stands disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.S., J.] [M.J.R., J.]
09.12.2024
Index: Yes/No Speaking/Non-speaking order tsh
To
1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai – 600008.
2.The Superintendent, Puzhal, Central Prison-I, Chennai
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W.P.No.34524 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
tsh
W.P.No.34524 of 2024
09.12.2024
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1 issue framed by the court
Whether the rejection of a convict's emergency leave application should be quashed and leave granted to execute documents before the Sub Registrar?
1 provisions across 1 enactments
Vimala
The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai – 600008
The Superintendent, Puzhal, Central Prison-I, Chennai
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
