The Madras High Court allowed a writ petition seeking leave for a life convict. The Court quashed the rejection order, granted 21-day leave without escort, and imposed mandatory reporting conditions for safety.
Quashed the impugned order; granted 21-day ordinary leave without escort with mandatory reporting conditions to the Police Station.
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.24581 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R. POORNIMA
W.P(MD) No.24581 of 2024
Sengaisamy
... Petitioner
Vs
O/o. Tamil Nadu Prisons Head Quarters Whannels Road,
Egmore, Chennai- 600 008.
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W.P(MD) No.24581 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent vide his proceedings in No.531/cj2/2024 dated 11.09..2024 and quash the same as illegal and void and consequently grant 21 days ordinary leave without police escort to the petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 now confined at Central Prison, Madurai- 625 016 forthwith a considering his representation dated 30.07.2024.
For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking to call for the records of the third respondent dated 11.09.2024 in No.531/cj2/2024 and quash the same and direct the respondent to grant ordinary leave for a period of 21 days to the
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petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 now confined at Central Prison, Madurai.
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that it is a fact that arrangements are being contemplated for the marriage of the daughter of the petitioner herein.
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of the third respondent dated 11.09..2024 and grant ordinary leave to the
petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 for a period of 21 days without escort commencing from 29.10.2024 @ 11.00 am., to 18.11.2024 @5.00 pm., However inorder to ensure safety to the petitoiner, the petitioner shall report before the Inspector of Police, Thirupuvanam Police Station, Sivagngai District everyday at 10.30 a.m.,and 5.30 pm., without fail.
9 . In the result, the Writ Petition stands allowed.
(C.V.K., J.) (R.P, J.) 24.10.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No aav
Note: Issue order copy on 28.10.2024
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W.P(MD) No.24581 of 2024
To
O/o. Tamil Nadu Prisons Head Quarters Whannels Road, Egmore, Chennai- 600 008.
Copy to The Inspector of Police Thirupuvanam Police Station Sivagangai Police Station.
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W.P(MD) No.24581 of 2024
C.V.KARTHIKEYAN, J. and R.POORNIMA, J.
aav
W.P(MD) No.24581 of 2024
24.10.2024
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3 issues framed by the court
Whether the impugned order rejecting the petitioner's request for leave should be quashed.
Whether ordinary leave without police escort should be granted to the petitioner.
Whether safety conditions can be imposed on the petitioner during his leave.
1 provisions across 1 enactments
Sengaisamy
Principal Secretary to Government Home, Prohibition and Excise(Prison-IV)Department
Director General of Prisons
Deputy Inspector General of Prison Madurai Range
Superintendent of Prisons, Central Prison, Madurai
Superintendent of Police District Police Office, Sivagangai
C.V. Karthikeyan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
