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Indra v. the Director General of Prison

Madras HC29 Jan 2025WP/1099/2025

Case brief

AI extract

What is this about?

Ordinary leave for convict prisoner; Suspension of Sentence Rules; Probation Officer non-recommendation overridden citing victim family objections; Article 226 mandamus; Central Prison Cuddalore; 21 days leave without escort from 03.02.2025, surrender 23.02.2025; daily reporting Kattumannarkoil Police Station; Madras High Court writ petition allowed 29.01.2025 (Subramaniam & Jothiraman JJ.).

What did the court decide?

21 days ordinary leave without escort granted to convict prisoner Prakash (Convict No.16928, PID No.310456); leave to commence 03.02.2025 at 10.30 A.M., surrender before the third respondent by 5.30 P.M. on 23.02.2025, with daily appearance before Kattumannarkoil Police Station, Cuddalore District at 11.00 A.M. during the leave period; no costs. ¶34

Indra Vs the Director General of Prison — Writ and Judicial Review | Madras HC (2025)

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W.P.No.1099 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

W.P.No.1099 of 2025

Indra

W/o Pulavendran

.. Petitioner

The Director General of Prison O/o of Director General of Prison Whannels Road, Egmore

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Chennai District 600 008

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The Deputy Inspector General of Prison O/o of Director General of Prison Whannels Road, Egmore Chennai 600 008

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The Superintendent of Prison Central Prison, Cuddalore Cuddalore District

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.. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant 21 days ordinary leave without escort to petitioner's son Convict Prisoner Mr.Prakash, S/o Pulavendran, now confined in Central Prison, Cuddalore

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Page 1 of 4

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

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W.P.No.1099 of 2025

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for the purpose of 'for repairing the shed' in pursuant to the proceedings No.18845/Tha.Ku2 dated 13.12.2024.

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For Petitioner :: Mr.P.Muthamizh Selvakumar For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ of mandamus has been instituted to direct the respondents to

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grant 21 days ordinary leave without escort to the prisoner. The prisoner is in actual imprisonment for 4 years, 1 month and 7 days. Though the Probation Officer has not recommended the case of the prisoner citing objections from the victim's family, this Court is of the considered opinion that the prisoner is eligible to avail the ordinary leave under the Suspension of Sentence Rules. Thus this Court is inclined to consider the present petition and pass the following order:-

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