Allowed

Lathiba Banu v. The Deputy Inspector General of Prison

Madras HC22 Jan 2025WP(MD)/1524/2025

Case brief

AI extract

What is this about?

Wife of a convict serving ten years' rigorous imprisonment in Central Prison, Madurai for an NDPS commercial-quantity offence sought 30 days ordinary leave citing her heart ailment. The court instead granted seven days emergency leave with escort under specified conditions.

What did the court decide?

Seven days emergency leave granted to convict prisoner Haji Ali (CP No.1807), 24.01.2025-30.01.2025, with escort at convict's expense, subject to Jail Manual conditions.

Lathiba Banu Vs The Deputy Inspector General of Prison — Bail and Remand | Madras HC (2025)

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W.P(MD)No.1524 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.01.2025

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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.1524 of 2025

Lathiba Banu

... Petitioner

Vs.

1.The Deputy Inspector General of Prison,

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Office of the Deputy Inspector of Prison and Correctional Services,

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Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Prison, Madruai.

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3.The Superintendent of Police, Office of the Superintendent of Police, Madurai. ... 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 Certiorified Mandamus, to call for the records pertaining the impugned order passed by the Respondent No.1 in No.40/Vu.Tha.2/2024 dated 16.12.2024 quash the same as bad in

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law and further directing the Respondents to grant ordinary leave to the

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

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W.P(MD)No.1524 of 2025

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period of 30 days to petitioner's husband namely Haji Ali, S/o.Mohammed Ali Jinnah, CP. No. 1807.

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For Petitioner : Mr.S.M.A.Jinnah

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For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

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ORDER (Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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2.The petitioner's husband is undergoing ten years rigorous

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imprisonment in Central Prison, Madurai. He was convicted for the offence under NDPS Act involving commercial quantity. The convict is not entitled to ordinary leave. The petitioner is said to be suffering from heart related ailments.

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3.Considering the said fact, we direct the second respondent to

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grant seven days emergency leave with necessary escort.

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

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W.P(MD)No.1524 of 2025

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4.The writ petition is allowed on the following conditions:-

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(a)The convict-prisoner, Haji Ali, S/o.Mohammed Ali Jinnah, [Convict Prisoner No.1807] now detained at Central Prison, Madurai is granted emergency leave for seven (7) days from 24.01.2025 to 30.01.2025 with necessary escort .

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(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 23.01.2025 and he shall return to the prison at 10.00 a.m., on 31.01.2025.

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(c) The concerned authority is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

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(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

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(G.R.S. J.,) & (R.P. J.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 23.01.2025.

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

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W.P(MD)No.1524 of 2025

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To:-

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1.The Deputy Inspector General of Prison, Office of the Deputy Inspector of Prison and Correctional Services,

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Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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2.The Superintendent of Prison, Central Prison, Madruai.

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3.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

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

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

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W.P(MD)No.1524 of 2025

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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ias

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W.P(MD)No.1524 of 2025

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22.01.2025

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

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Lathiba Banu v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

Lathiba Banu v. The Deputy Inspector General of Prison

Case brief

What is this about?

What did the court decide?

What the court decided

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