K.Muthulakshmi v. State Of Tamilnadu Rep By The Princpal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP No. 9830 of 2025 K.Muthulakshmi Petitioner Vs
1. State Of Tamilnadu Rep By The Principal Secretary To Government Home Prohibition And Excise Prison (IV) Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General Of Prison, Superintendent of Prisons, Central Prison, Trichy- 620 020 Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India seeking certiorarified Mandamus to call for records relating to the impugned order passed by the 2 nd respondent vide proceedings in No.
2526/ThaKu.4/2025 dated 20.02.2025 and quash the same as illegal and consequently, direct the 1 st respondent to grant 15 days of Emergency Leave without police escort to the petitioner's husband namely Kumar S/o. Perumal, Life Convict, bearing Convict Prisoner no. 24232 PID no. 247226 confined at Central Prison, Trichy on the basis of the petitioner's representation dated 03.03.2025.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records connected with impugned order in Proceeding No. 2526 /Tha.Ku.4/ 2025 dated 20.02.2025 passed by the Second respondent and quash the same and directing the first respondent to grant leave for 15 days without escort to the detenue, Kumar S/o. Perumal aged about 43 years bearing Convict No.24232 (PID 247226) confined at Central Prison, Trichy.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 15 days of leave for her husband, without escort, on the ground that the father of the detenue has certain medical ailments and the petitioner requires the presence of his husband for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 3 years, 1 month and 28 days of imprisonment.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.
5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the impugned order passed by the second respondent in Proceeding No. 2526 /Tha.Ku.4/ 2025 dated 20.02.2025 is hereby set aside. The convict viz., Kumar, S/o.Perumal, aged about 43 years, Convict No.24232 (PID - 247226), confined at Central Prison, Trichy, is hereby granted leave for a period of 6 days, without escort, commencing from 10.00 am on 25.06.2025 to 05.00 p.m of 01.07.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall
report before the Inspector of Police, Keeranur Police Station, Pudukottai, daily at 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. Accordingly, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (M.S.RAMESH J.) (V.LAKSHMINARAYANAN J.) 20-06-2025 nl Note: Issue order copy on 24.06.2025 Index:Yes/No Speaking/Non-speaking order
To 1.The Principal Secretary To Government Home Prohibition And Excise Prison (IV) Department, Secretariat, Fort St George, Chennai 2.The Deputy Inspector General Of Prison, Superintendent Of Prisons, Central Prison Trichy.
M.S.RAMESH J.
AND V.LAKSHMINARAYANAN J.
nl WP No. 8769 of 2025 and WMP No. 9830 of 2025
20-06-2025