Allowed

Murugesan @ Kandhan v. The State rep. by its

Madras HC20 Dec 2024WP(MD)/31325/2024

Case brief

AI extract

What is this about?

Prisoner filed writ petition seeking 21 days ordinary leave for medical treatment due to leg amputation complications. Court held prisoner ineligible for ordinary leave as sentence not completed three years but granted 10 days emergency leave without escort.

What did the court decide?

Direction to grant 10 days emergency leave to the convict prisoner without escort from 22.12.2024 to 31.12.2024.

Murugesan @ Kandhan Vs The State rep. by its — Pension and Retirement Benefits | Madras HC (2024)

¶1

W.P(MD) No.31325 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

Date : 20.12.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA

¶6

W.P(MD) No.31325 of 2024 and W.M.P.(MD)No.26228 of 2024

¶7

Murugesan @ Kandhan ... Petitioner

¶8

¶9

1.The State rep. by its, Principal Secretary to Government, Home, Prohibition & Excise (Prison-IV) Department, Fort St.George,

¶10

Chennai-600 009.

¶11

2.The Director General of Prisons and Correctional Services, O/o.Tamil Nadu Prisons Headquarters, Whannels Road,

¶12

Egmore, Chennai-600 008.

¶13

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

¶14

1/6

¶15

https://www.mhc.tn.gov.in/judis

¶16

W.P(MD) No.31325 of 2024

¶17

4.The Superintendent of Prisons, Central Prison, Trichy-620 020.

¶18

5.The Superintendent of Police, District Police Office, Pudukktottai-622 003.

¶19

... Respondents

¶20

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 No.643/MuVu/2024, dated 16.12.2024 and quash the same as illegal and void and then consequently, grant 21 days ordinary leave without police escort to the petitioner's son namely Siva S/o.Murugesan @ Kandhan (C.P.No.22992-P.I.d.No.161936) confined at Central Prison, Trichy forthwith considering the representation dated 12.11.2024.

¶21

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

¶22

ORDER

¶23

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

¶24

2/6

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P(MD) No.31325 of 2024

¶27

2.The petitioner's son is undergoing life sentence in Central Prison, Trichy. The prisoner is yet to complete three years. He is therefore not eligible for ordinary leave. However, he has suffered amputation in one of his legs. The petitioner wants to give a proper treatment for his son since some complications appear to have developed. We therefore direct the fourth respondent to grant 10 days emergency leave for the petitioner's son without escort.

¶28

3. Accordingly, the convict-prisoner is granted emergency leave for 10 days without escort on the following conditions :-

¶29

(a)The convict prisoner, Siva S/o.Murugesan @ Kandhan (C.P.No.22992) now detained in the Central Prison, Trichy, is granted emergency leave for ten (10) days from 22.12.2024 to 31.12.2024 .

¶30

(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 21.12.2024 and he shall return back to the prison at 10.00 a.m., on 01.01.2025.

¶31

(c) During the said leave period, he shall report before the Inspector of Police, Annavasal Police Station, Pudukkottai District, daily at 05.00 p.m., from 22.12.2024 onwards, without fail.

¶32

3/6

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P(MD) No.31325 of 2024

¶35

¶36

4.With the above direction, the Writ Petition stands allowed. No

¶37

costs. Consequently, connected miscellaneous petition is closed.

¶38

(G.R.S., J.) (R.P., J.) 20.12.2024

¶39

Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

¶40

NOTE:Issue Order Copy on 20.12.2024

¶41

https://www.mhc.tn.gov.in/judis

¶42

4/6

¶43

W.P(MD) No.31325 of 2024

¶44

¶45

1.The Principal Secretary to Government, Home, Prohibition & Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

¶46

2.The Director General of Prisons and Correctional Services, O/o.Tamil Nadu Prisons Headquarters, Whannels Road,

¶47

Egmore, Chennai-600 008.

¶48

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

¶49

4.The Superintendent of Prisons, Central Prison, Trichy-620 020.

¶50

5.The Superintendent of Police, District Police Office, Pudukktottai-622 003.

¶51

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶52

5/6

¶53

https://www.mhc.tn.gov.in/judis

¶54

W.P(MD) No.31325 of 2024

¶55

G.R.SWAMINATHAN, J. AND R.POORNIMA, J.

¶56

rmi

¶57

W.P(MD) No.31325 of 2024

¶58

20.12.2024

¶59

6/6

¶60

https://www.mhc.tn.gov.in/judis

Murugesan @ Kandhan v. The State rep. by its

Case brief

What is this about?

What did the court decide?

Murugesan @ Kandhan v. The State rep. by its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Thamaraikannan Vs Umamaheswari

Anthony Raj @ Anthony Vs The Inspector of Police

The Commissioner of Customs Vs a.T.Baskaran

Radhika Vs The State of Tamilnadu, Represented by

Ida Glory Vs The State of Tamil Nadu

Saroja Vs The Deputy Inspector General of Prison