The Court granted emergency leave without escort to the petitioner's son, a life convict, on humanitarian grounds despite the pendency of his appeal, setting aside the prison authorities' refusal.
Emergency leave for six days without escort granted to the convict prisoner, subject to conditions regarding reporting and jail manual compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.18553 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P(MD)No.18553 of 2024 and
W.M.P(MD)No.15767 of 2024
Amutha
... Petitioner
-vs-
Fort St. George, Chennai-600 009.
Egmore, Chennai.
Page 1 of 7
W.P(MD)No.18553 of 2024
4.The Superintendent of Prison, Trichy Central Prison, Trichy District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the respondent No.4 in %.K.vz;.11957/j.F.4/2024, dated 28.07.2024 and quash the same as illegal, consequently direct the Respondent No.4 to grant 6 days emergency leave without escort to the petitioner's son by name Sudhakar (CT No.23194), Son of Samithurai, aged about 34 years, a life convict prisoner confining at Trichy Central Prison in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The present Writ Petition is filed for a writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the respondent No.4 in %.K.vz;.11957/j.F.4/2024, dated 28.07.2024 and quash the same as illegal, consequently direct the Respondent No.4 to grant 6 days
Page 2 of 7
W.P(MD)No.18553 of 2024
emergency leave without escort to the petitioner's son by name Sudhakar (CT No. 23194), Son of Samithurai, aged about 34 years, a life convict prisoner confining at Trichy Central Prison in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.
_____________ Page 3 of 7_
W.P(MD)No.18553 of 2024
(i) The writ petition is allowed.
(ii)The impugned order passed by the fourth respondent dated
28.07.2024 is set aside.
(iii) The convict prisoner, namely, Sudhakar (CT No.23194), S/o.Samithurai, aged about 34 years now confining at Central Prison, Trichy, shall be granted emergency leave for six (6) days without escort.
Page 4 of 7
W.P(MD)No.18553 of 2024
(iv) He shall sign before the Inspector of Police, Lalgudi Police Station, daily at evening 06.30 p.m., during the leave period.
(v) He shall report back to the Superintendent of Prison, Central Prison, Trichy/fourth respondent on completion of leave period.
(vi) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.
(vii) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the jail manual.
(viii) No costs. Consequently, connected miscellaneous petition is
closed.
[A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 02.08.2024 Index : Yes / No Internet : Yes / No am
Page 5 of 7
W.P(MD)No.18553 of 2024
To:
Copy To
The Inspector of Police, Lalgudi Police Station, Trichy District.
Page 6 of 7
W.P(MD)No.18553 of 2024
A.D.JAGADISH CHANDIRA, J. AND K.RAJASEKAR, J.
am
W.P(MD)No.18553 of 2024
02.08.2024
_____________ Page 7 of 7_
1 issue framed by the court
Whether the rejection of emergency leave for a life convict prisoner on the ground that an appeal is pending is legally sustainable.
1 provisions across 1 enactments
Amutha
State of Tamil Nadu
Director General of Police/Director of Prisons and Correctional Services
Deputy Inspector General of Prisons, Trichy Range
Superintendent of Prison, Trichy Central Prison
A.D. Jagadish Chandira
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
