Allowed¶22

Venkadasubbu v. The Superintendent

Madras HC29 Jan 2025WP(MD)/2377/2025

Case brief

AI extract

What is this about?

Ordinary leave to convict; TNPID Act conviction; ten years rigorous imprisonment; Central Prison, Madurai; leave without escort; Writ of Certiorarified Mandamus; Article 226; Jail Manual conditions; daily police reporting; Madurai Bench of Madras High Court; G.R. Swaminathan J.; R. Poornima J.; W.P(MD)No.2377 of 2025.

What did the court decide?

Writ petition allowed: six days' ordinary leave (01.02.2025 to 06.02.2025) without escort granted to convict Ravibalan (CP No.1109), with release at 05.00 p.m. on 31.01.2025, return at 10.00 a.m. on 07.02.2025, daily reporting at Thadikombu Police Station, and adherence to Jail Manual conditions; no costs. ¶22

Venkadasubbu Vs The Superintendent — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's son, convict Ravibalan (CP No.1109), undergoing ten years' rigorous imprisonment under the TNPID Act in Central Prison, Madurai, should be directed to be released on ordinary leave, and on what terms and conditions.

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Court's answer

The convict-prisoner Ravibalan, S/o.Venkadasubbu (Convict No.1109), detained at Central Prison, Madurai, is granted ordinary leave for six (6) days from 01.02.2025 to 06.02.2025 without escort.

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Ratio / Principle

The convict prisoner shall be released from prison at 05.00 p.m. on 31.01.2025 and shall return to the prison at 10.00 a.m. on 07.02.2025.

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Key takeaways

During the leave period, the convict prisoner shall report daily at 07.00 p.m. from 01.02.2025 onwards before the Inspector of Police, Thadikombu Police Station, Dindigul District, without fail.ratio¶29
During the leave period, the convict prisoner shall abide by all conditions prescribed in the Jail Manual; no costs were awarded.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) allowed a writ petition under Article 226 filed by the father of a convict sentenced to ten years' rigorous imprisonment under the TNPID Act and lodged in Central Prison, Madurai. The Court, noting the convict had spent two years and nine months in prison, was entitled to twenty-one days ordinary leave and had already availed fifteen days, granted six days' ordinary leave without escort from 01.02.2025 to 06.02.2025. Conditions imposed: release from prison at 05.00 p.m. on 31.01.2025 and return at 10.00 a.m. on 07.02.2025; daily reporting at 07.00 p.m. before the Inspector of Police, Thadikombu Police Station, Dindigul District; and compliance with all Jail Manual conditions. No costs.

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W.P(MD)No.2377 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.01.2025

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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.2377 of 2025

Venkadasubbu

... Petitioner

Vs.

The Superintendent, Central Prison, Madurai – 16. ... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in E651774/Thaku2/2024 dated 20.01.2025 passed by the respondent and quash the same as illegal and consequently direct the respondent to release the petitioner's son namely Ravibalan, S/o.Venkadasubbu (CP No.1109) on ordinary leave / emergency leave for 30 days for arranging medical expenses of the petitioner's son.

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

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W.P(MD)No.2377 of 2025

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For Petitioner : Mrs.S.Prabha For Respondent : 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 son was convicted for an offence under TNPID

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Act and he is undergoing ten years rigorous imprisonment in Central Prison, Madurai. He has so far spent two years and nine months in prison. He is entitled to twenty one days ordinary lave. He had already availed fifteen days ordinary leave.

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3.We direct the respondent to grant six (6) days ordinary leave for

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the convict without escort.

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

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(a)The convict-prisoner, Ravibalan,

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S/o.Venkadasubbu, [Convict No.1109] now detained at Central Prison, Madurai is granted ordinary leave for six (6) days from 01.02.2025 to 06.02.2025 without escort .

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

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W.P(MD)No.2377 of 2025

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(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 31.01.2025 and he shall return to the prison at 10.00 a.m., on 07.02.2025.

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(c) During the said leave period, he shall report before the Inspector of Police, Thadikombu Police Station, Dindigul District , daily at 07.00 p.m., from 01.02.2025 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.,) 29.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 30.01.2025.

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To:-

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1.The Superintendent, Central Prison, Madurai – 16.

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