Petitioner-wife sought writ to remove escort requirement for her convict husband's 21-day medical leave. Court found no flaw in 21-day grant but modified conditions. Petitioner winning.
Impugned order modified to allow 21 days ordinary leave without escort, subject to daily reporting to police station.
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W.P.(MD).No.1374 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
W.P.(MD).No.1374 of 2024
Selvarani
.. Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for records of the impugned order passed by the respondent No.1 in No.42/Vu.Tha.2/2024 dated 04.01.2024, quash the same and further direct the respondent No.1 to grant ordinary leave for period of 40 days without escort to petitioner's
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W.P.(MD).No.1374 of 2024
husband namely Balamurugan, CP.No.4849 who is 5 years convict prisoner in a rape case and languishing in Palayamkottai Central Jail for the period of above 2 years.
For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.S.Ravi Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The present Writ Petition is filed seeking issuance of Certiorarified Mandamus to quash the impugned order dated 04.01.2024 and grant ordinary leave for 40 days without escort to the petitioner's husband.
and sentenced to undergo five years of rigorous imprisonment for the offence under Section 376 IPC (pre-amendment) and confined in Palayamkottai Central Prison. The petitioner's request to grant ordinary leave for her husband to attend her, who is suffering from medical ailments, was considered by the prison authorities positively vide order dated
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W.P.(MD).No.1374 of 2024
04.01.2024 and 21 days of ordinary leave was granted to the petitioner's husband with escort. The said order is under challenge in the present Writ Petition.
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W.P.(MD).No.1374 of 2024
(G.J.,J.) (C.K.,J.) 27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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W.P.(MD).No.1374 of 2024
To
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W.P.(MD).No.1374 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
W.P.(MD).No.1374 of 2024
27.02.2024
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2 issues framed by the court
Whether the grant of ordinary leave to a serving convict during his wife's medical treatment requires an escort?
Whether prison authorities' discretion regarding leave conditions can be modified to ensure the convict's return?
1 provisions across 1 enactments
Selvarani
The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range
The Superintendent of Prison, Central Jail, Palayamkottai
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
