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Sundararajan v. State of Tamil Nadu Represented by

Madras HC24 Jan 2025WP(MD)/1853/2025

Case brief

AI extract

What is this about?

Ordinary leave without escort for life convict; Section 20 Tamil Nadu Suspension of Sentence Rules, 1982; Trichy Central Prison; representation dated 26.12.2024; seven days leave from 29.01.2025 to 04.02.2025; release 28.01.2025, return 05.02.2025; daily reporting at Thuraiyur Police Station; writ of mandamus Article 226 Constitution of India; W.P(MD)No.1853 of 2025; Madurai Bench of Madras High Court; decided 24.01.2025.

What did the court decide?

Seven days ordinary leave without escort from 29.01.2025 to 04.02.2025, release at 05.00 p.m. on 28.01.2025 and return at 10.00 a.m. on 05.02.2025, subject to daily reporting before the Inspector of Police, Thuraiyur Police Station at 07.00 p.m. and compliance with Jail Manual conditions; no costs. ¶30

Sundararajan Vs State of Tamil Nadu Represented by — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a convict-prisoner undergoing life sentence in Trichy Central Prison, is entitled to ordinary leave (prayed as 10 days) without escort under Section 20 of the Tamil Nadu Suspension of Sentence Rules, 1982.

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Court's answer

The third respondent (Superintendent of Prison, Trichy Central Prison) is directed to grant the petitioner seven (7) days ordinary leave without escort.

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Ratio / Principle

The writ petition is allowed: the convict is granted ordinary leave for seven (7) days from 29.01.2025 to 04.02.2025 without escort; he shall be released at 05.00 p.m. on 28.01.2025 and return at 10.00 a.m. on 05.02.2025; he shall report daily at 07.00 p.m. before the Inspector of Police, Thuraiyur Police Station, Trichy District; he shall abide by Jail Manual conditions; no costs.

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Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 — Convict-prisoner undergoing life sentence in Trichy Central Prison, having spent ten years and six months in prison and thus eligible for twenty-eight days ordinary leave per year, had already availed twenty-one days ordinary leave in September 2024 — Petitioner sought ten days ordinary leave without escort under Section 20 of the Tamil Nadu Suspension of Sentence Rules, 1982, pursuant to his representation dated 26.12.2024 — Held: third respondent directed to grant seven (7) days ordinary leave without escort from 29.01.2025 to 04.02.2025; prisoner to be released at 05.00 p.m. on 28.01.2025 and return at 10.00 a.m. on 05.02.2025, reporting daily at 07.00 p.m. before the Inspector of Police, Thuraiyur Police Station, Trichy District, and abiding by Jail Manual conditions — Writ petition allowed, no costs (G.R. Swaminathan and R. Poornima, JJ.; order by G.R. Swaminathan, J.).

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W.P(MD)No.1853 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.01.2025

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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.1853 of 2025

Sundararajan

... Petitioner

Vs.

1.State of Tamil Nadu Represented by, The Principal Secretary, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

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2.The Director General of Police / Director General of Prisons and Correctional Services,

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C.M.D.A.Towers II, No. 1, Gandhi Irvin Road, Egmore, Chennai 600 008.

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3.The Superintendent of Prison, Trichy Central Prison, Trichy. ... 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, directing the respondents to grand 10 day ordinary leave to the petitioner under the Section 20 of Tamil Nadu Suspension of Sentence Rules, 1982 without

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W.P(MD)No.1853 of 2025

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escort by considering the petitioner representation dated 26.12.2024 in accordance with law within a time stipulated by this Court.

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For Petitioner : Ms.Sudharani

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

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ORDER

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(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 is undergoing life sentence in Central Prison,

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Trichy. He has so far spent ten years and six months in prison. He is therefore eligible for twenty eight days ordinary leave per year. The petitioner had already availed twenty one days ordinary leave during September 2024.

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3.The third respondent is directed to grant seven days (7) ordinary leaver for the petitioner without escort.

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W.P(MD)No.1853 of 2025

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

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(a)The convict-prisoner, Sundararajan, S/o.Rengasamy, (Convict Prisoner No.20597), now detained at Central Prison, Trichy is granted ordinary leave for seven (7) days from 29.01.2025 to 04.02.2025 without escort .

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(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 28.01.2025 and he shall return to the prison at 10.00 a.m., on 05.02.2025.

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(c) During the said leave period, he shall report before the Inspector of Police, Thuraiyur Police Station, Trichy District, daily at 07.00 p.m., from 29.01.2025 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. No costs.

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(G.R.S. J.,) & (R.P. J.,) 24.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 27.01.2025.

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W.P(MD)No.1853 of 2025