Amsavalli v. The Deputy Inspector General of Prison

Madras HC27 Jan 2025WP(MD)/1332/2025

Case brief

AI extract

What is this about?

Ordinary leave for convict prisoner; life sentence; Madurai Central Prison; leave without escort; Article 226 writ of mandamus; prisoner entitlement 28 days ordinary leave; Jail Manual conditions; daily police reporting Mallankinaru Kariapatti Virudhunagar; W.P(MD) No.1332 of 2025; decided 27.01.2025; Madras High Court Madurai Bench; G.R.Swaminathan J.; R.Poornima J.; petitioner Amsavalli; prisoner Mareeswaran CP No.1353.

What did the court decide?

Writ petition allowed with the direction that the first respondent grant convict-prisoner Mareeswaran (CP No.1353) 15 days ordinary leave without escort from 30.01.2025 to 13.02.2025, on conditions of daily reporting at Mallankinaru police station and adherence to Jail Manual conditions; no costs. ¶¶37

Amsavalli Vs The Deputy Inspector General of Prison — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 and 2 should be directed to grant 30 days ordinary leave to the petitioner's son Mareeswaran (CP No.1353), a life convict languishing in Madurai Central Prison, by considering her representation dated 21.12.2024.

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Court's answer

Taking into account the circumstances projected in the writ petition, the Court directed the first respondent to grant 15 days ordinary leave without escort to the convict-prisoner.

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Ratio / Principle

The prisoner had served more than 9 years and 9 months and was entitled to 28 days ordinary leave; on this basis the Court exercised its discretion to grant leave.

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Key takeaways

Convict prisoner Mareeswaran S/o.Selvam (Convict Prisoner No.1353), detained in Central Prison, Madurai, is granted ordinary leave for 15 days from 30.01.2025 to 13.02.2025.ratio¶¶33
The convict prisoner shall be released from prison at 5.00 p.m. on 29.01.2025 and shall return to the prison at 10.00 a.m. on 14.02.2025.ratio¶¶34
During the leave period the prisoner shall report daily at 07.00 p.m. from 30.01.2025 onwards before the Inspector of Police, Mallankinaru, Kariapatti, Virudhunagar District, without fail.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), coram G.R.Swaminathan and R.Poornima, JJ. (order by G.R.Swaminathan, J.), allowed a writ petition under Article 226 filed by Amsavalli, mother of life convict Mareeswaran (CP No.1353) detained in Madurai Central Prison for over 9 years and 9 months, who sought 30 days ordinary leave. The Court held the prisoner entitled to 28 days ordinary leave and, taking into account the circumstances projected, directed the Deputy Inspector General of Prison to grant 15 days ordinary leave WITHOUT ESCORT from 30.01.2025 to 13.02.2025, release at 5.00 p.m. on 29.01.2025 and return at 10.00 a.m. on 14.02.2025, conditioned on daily reporting at 07.00 p.m. before the Inspector of Police, Mallankinaru, Kariapatti, Virudhunagar District, and compliance with all Jail Manual conditions. No costs.

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W.P(MD) No.1332 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 27.01.2025

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CORAM

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

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W.P(MD) No.1332 of 2025

Amsavalli

... Petitioner

1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison

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and Correctional Services,

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Madurai Range, Madurai Central Prison Campus,

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New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Jail,

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Madurai.

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3.The Superintendent of Police, O/o The Superintendent of Police, Virudhunagar District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 to grant ordinary leave for a period of 30 days to the petitioner's son namely Mareeswaran (CP No.1353) who is languishing

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

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W.P(MD) No.1332 of 2025

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in Madurai Central Prison by considering the petitioner's representation dated 21.12.2024.

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For Petitioner : Mr.DR.Lakhmi Prasanna For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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ORDER

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

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Heard both sides.

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2. The petitioner's son is undergoing life sentence in Central

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Prison, Madurai. He has so far spent more than 9 years and 9 months in prison. He is entitled to 28 days ordinary leave.

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3. Taking into account the circumstances projected in the writ petition, we direct the first respondent to grant 15 days ordinary leave without escort for the prisoner. Accordingly, the convict-prisoner is granted ordinary leave for 15 days without escort on the following conditions :-

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

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W.P(MD) No.1332 of 2025

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(a)The convict prisoner, Mareeswaran S/o.Selvam (Convict Prisoner No.1353) now detained in the Central Prison, Madurai, is granted ordinary leave for 15 days from 30.01.2025 to 13.02.2025 .

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(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 29.01.2025 and he shall return back to the prison at 10.00 a.m., on 14.02.2025.

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(c) During the said leave period, he shall report before the Inspector of Police, Mallankinaru, Kariapatti, Virudhunagar District, daily at 07.00 p.m., from 30.01.2025 onwards, without fail.

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(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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

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costs.

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(G.R.S., J.) (R.P., J.) 27.01.2025

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

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NOTE:Issue Order Copy on 28.01.2025

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

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W.P(MD) No.1332 of 2025

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1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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