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Ajith v. The Deputy Inspector General of Prison

Madras HC10 Jan 2025WP(MD)/987/2025

Case brief

AI extract

What is this about?

Emergency leave for life convict; ordinary leave eligibility 26.08.2025; daughter's wedding and engagement; Rule 6 Tamil Nadu Suspension of Sentence Rules; leave without escort; Palayamkottai Central Prison; C.P.No.2282 Kaliraj; daily reporting Kovilpatti West Police Station Thoothukudi; Jail Manual conditions; Article 226 mandamus; W.P(MD) No.987 of 2025; Madurai Bench of Madras High Court; correction WMP(MD).2294 of 2025 dated 26.02.2025.

What did the court decide?

Writ petition allowed: emergency leave without escort granted to the convict prisoner for 11 days (01.03.2025 to 11.03.2025), conditional on release/return timings, daily reporting at Kovilpatti West Police Station (except engagement and wedding dates) and compliance with the Jail Manual; no costs. ¶34

Ajith 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 the petitioner's father, a life convict in Central Prison, Palayamkottai who is eligible for ordinary leave only on 26.08.2025, is entitled to emergency leave without escort to attend his daughter's engagement and wedding.

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Court's answer

Although the convict would be eligible for ordinary leave only on 26.08.2025, the prisoner remains entitled to emergency leave depending on the situation.

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Ratio / Principle

Emergency leave without escort was granted to the convict prisoner Kaliraj (C.P.No.2282) of Central Prison, Palayamkottai for 11 days, from 01.03.2025 to 11.03.2025, to attend his daughter's engagement and wedding.

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Key takeaways

The convict prisoner is to be released from prison at 5.00 p.m. on 28.02.2025 and shall return to prison at 10.00 a.m. on 12.03.2025.ratio¶31
During the leave period, except on the dates of engagement and wedding, the convict shall report daily at 08.00 a.m. before the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, from 01.03.2025 onwards, without fail.ratio¶32
During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

Detailed headnote1 paragraphs

Madurai Bench of the Madras High Court (G.R.Swaminathan, J.) allowed a writ petition under Article 226 filed by the son of a life convict (Kaliraj, C.P.No.2282, Central Prison, Palayamkottai) who had spent 11 years in prison and whose ordinary leave expired on 28.08.2024, making him eligible for ordinary leave only on 26.08.2025. Invoking Rule 6 of the Tamil Nadu Suspension of Sentence Rules, which enables a prisoner to seek emergency leave to attend his daughter's wedding, the Court granted emergency leave without escort for 11 days from 01.03.2025 to 11.03.2025: release from prison at 5.00 p.m. on 28.02.2025 and return by 10.00 a.m. on 12.03.2025; daily reporting at 08.00 a.m. before the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, except on the dates of engagement and wedding; and compliance with all Jail Manual conditions. Writ petition allowed, no costs. Certified copy corrected and replaced as per order dated 26.02.2025 in WMP(MD).2294 of 2025.

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W.P(MD) No.987 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 10.01.2025

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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.987 of 2025

Ajith

... Petitioner

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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2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli District.

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3.The Commissioner of Police, O/o.Commissioner of Police, Tirunelveli District.

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4.The Inspector of Police, O/o.Thiruvengadam Police Station, Tirunelveli District. ... Respondents

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

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W.P(MD) No.987 of 2025

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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 an ordinary leave without escort for the period of 40 days to the petitioner's father who is life convict prisoner in C.P.No.2282 at Palaymkottai Central Prison, Tirunelveli by considering the petitioner's representation dated 03.01.2025.

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For Petitioner : Mr.SMA.Jinnah 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 is the son of the convict prisoner. The petitioner's father is undergoing life sentence in Central Prison, Palayamkottai. He has so far spent 11 years in prison. He was granted ordinary leave last year. It expired on 28.08.2024. Therefore, he will be eligible for ordinary leave this year only on 26.08.2025. However, the prisoner will be entitled for emergency leave depending on the situation.

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3. The petitioner specifically states that his sister is going to get married. Rule

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6 of the Tamil Nadu Suspension of Sentence Rules enables the prisoner to seek

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

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W.P(MD) No.987 of 2025

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emergency leave to attend his daughter's wedding.

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4. Considering the said fact, we grant emergency leave for the convict prisoner from (*)01.03.2025 to 11.03.2025 without escort. Accordingly, the convict-prisoner is granted emergency leave for 11 days without escort on the following conditions :-

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()(a)The convict prisoner, Kaliraj, (C.P.No.2282) now detained in the Central Prison, Palayamkottai, is granted emergency leave from 01.03.2025 to 11.03.2025.**

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(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 28.02.2025 and he shall return back to the prison at 10.00 a.m., on 12.03.2025.

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(c) During the said leave period, except on the dates of engagement and wedding, he shall report before the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, daily at 08.00 a.m, from 01.03.2025 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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5.With the above direction, the Writ Petition stands allowed. No Costs.

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Sd/-

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

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W.P(MD) No.987 of 2025

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(*)&()Corrected and Replaced as per the order of this court dated 26.02.2025 made in WMP(MD).2294 of 2025 in WP(MD)No.987 of 2025.**

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10.01.2025

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Sd/Assistant Registrar(AD II)

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// True Copy //

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/02/2025 Sub Assistant Registrar( )

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rmi

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To be substituted to the order which is already despatched on 10.01.2025 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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2.The Superintendent of Prison, O/o.Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli District.

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3.The Commissioner of Police, O/o.Commissioner of Police, Tirunelveli District.

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https://www.mhc.tn.gov.in/judis 4.The Inspector of Police,

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W.P(MD) No.987 of 2025

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O/o.Thiruvengadam Police Station, Tirunelveli District.