Wife of a convict serving a three-year sentence for an NDPS offence sought emergency leave on his behalf. The Madras High Court (Madurai Bench) granted three days' emergency leave from 29.01.2025 to 31.01.2025 with police escort, whose cost was to be deducted from the prisoner's earnings.
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W.P(MD)No.1969 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD)No.1969 of 2025
Pandiyammal
... Petitioner
Vs.
New Jail Road, Madurai.
... Respondents
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W.P(MD)No.1969 of 2025
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 grant emergency leave for the period of 15 days to the petitioner's husband namely Karthick Balu, S/o.Dhandabani (C.P. No.2223) who is a convicted prisoner in a NDPS case and languishing in Madurai Central Prison for the past 1 ½ year by considering her representation dated on 07.12.2024.
For Petitioner : Mr.A.Naresh Prabhu For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.
ORDER
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The petitioner's husband was sentenced to three years rigorous
imprisonment for an offence under NDPS Act involving intermediate quantity. He is serving sentence in Central Prison, Madurai. The convict
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is also facing three other cases involving commercial quantity. The prisoner has spent close to one year in prison. The petitioner seeks emergency leave for her husband.
3.We direct the second respondent to grant three days (3) emergency leave for the prisoner with necessary escort.
4.The writ petition is allowed on the following conditions:-
(a)The convict-prisoner, Karthick Balu, S/o.Dhandabani, (Convict Prisoner No.2223) now detained at Central Prison, Madurai is granted emergency leave for three (3) days from 29.01.2025 to 31.01.2025 with necessary escort .
(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 01.02.2025.
(c) The third respondent 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.
(G.R.S. J.,) & (R.P. J.,) 24.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 27.01.2025.
To:-
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W.P(MD)No.1969 of 2025
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J. and R.POORNIMA, J.
ias
W.P(MD)No.1969 of 2025
24.01.2025
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1 issue framed by the court
Whether a convicted NDPS prisoner is entitled to emergency leave from prison for three days with escort.
1 provisions across 1 enactments
Pandiyammal
The Deputy Inspector General of Prison, Madurai Range
The Superintendent of Prison, Madurai Central Jail
The Superintendent of Police, Dindigul District
The Inspector of Police, NIBCID Police Station, Dindigul
G.R.Swaminathan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
