K.Lakshmi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN K.Lakshmi .. Petitioner Vs.

1.State of Tamilnadu, Rep. by the Additional Chief Secretary to Government, Home (Prison V) Department, Secretariat, Fort St George, Chennai - 600 009.

2.The Director General of Prisons and Correctional Services, The Office of DG of Prisons & CS, Govt of Tamil Nadu, No.6, Annai Maniammaiyar Salai, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Office of DIG of Prisons - Coimbatore Range, Coimbatore - 641 018.

4.The Superintendent of Prison, Central Prison, Salem - 636 007.

.. Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 4th respondent to modify the order dated 20.01.2025 in Circular No.181/jF-3/2025 and to grant ordinary leave for 28 days without police escort to the petitioner's son namely Duraisamy, S/o. Krishnan (PID.No.1138), who is undergone for more than 11 years (From 19.06.2013) of imprisonment in the Salem Central Prison as per Rule 40 of Tamilnadu Suspension of Sentence Rules, 1982 by considering the petitioner's representation dated 13.02.2025.

For Petitioner : Ms.D.Geetha For Respondents : Mr.E.Rajthilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed for issuance of Writ of Mandamus, directing the 4th respondent to modify the order dated 20.01.2025 and to grant 28 days of ordinary leave without escort to the detenu, Duraisamy, S/o.Krishnan, aged about 41 years, PID No.1138, confined at Salem Central Prison.

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2.The 4th respondent, by an order dated 20.01.2025 granted 28 days ordinary leave to the detenu with police escort. The petitioner has filed this writ petition seeking modification of the order of the 4th respondent dated 20.01.2025 without police escort.

3.The learned counsel for the petitioner submitted that the petitioner has undergone imprisonment for more than 11 years. The petitioner seeks ordinary leave for her son to take care of her during her eye surgery.

4.The learned Additional Public Prosecutor has produced the report of the Probation Officer, which evidences that the petitioner's family may not have sufficient income to afford for the cost of the escort. 5.Being convinced with the report of the Probation Officer, the order of the 4th respondent granting 28 days ordinary leave to the detenu Duraisamy, S/o.Krishnan, aged about 41 years, PID No.1138, with escort is modified as 28 days ordinary leave "without escort" to the life convict Duraisamy, S/o.Krishnan, aged about 41 years, PID No.1138, confined at 3/6

Salem Central Prison, commencing from 20.06.2025 to 17.07.2025, with a condition that the life convict shall report before the Annadhanapatty Police Station, Salem District, daily at 10.30 A.M. After expiry of the ordinary leave, the life convict shall surrender before the Jail Authority on 17.07.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

6.With the above directions, this Writ Petition stands allowed. No costs.

(M.S.R., J) (V.L.N., J) 13.06.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE: Issue order copy on 19.06.2025.

To 1.State of Tamilnadu, Rep. by the Additional Chief Secretary to Government, Home (Prison V) Department, Secretariat, Fort St George, Chennai - 600 009. 4/6

2.The Director General of Prisons and Correctional Services, The Office of DG of Prisons & CS, Govt of Tamil Nadu, No.6, Annai Maniammaiyar Salai, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Office of DIG of Prisons - Coimbatore Range, Coimbatore - 641 018.

4.The Superintendent of Prison, Central Prison, Salem - 636 007.

5.The Inspector of Police, Annadhanapatty Police Station, Salem District.

6.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

krk 13.06.2025 6/6