J.Durgadevi v. State Of Tamilnadu
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. 11231 OF 2025
1. J.Durgadevi Petitioner Vs
1. State Of Tamilnadu Rep By Its Principal Secretary To Government, Home Prohibition and Excised (Prison IV) Department, Secretariat, Fort St George, Chennai 600 009. 2.The Superintendent Of Prison Central Prison, Trichy - 620 020.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus to call for records relating to the impugned order passed by the 2nd respondent vide proceedings in No. 3203/Thaku.4/2025 dated 07.03.2025 and quash the same as illegal and consequently direct the 1 st respondent to grant 30 days emergency leave
without police escort to the petitioner's husband namely Jeyakumar S/o. Chinnaiya, Life Convict bearing Convict Prisoner no. 22991 PID no. 161933 confined at Central Prison Trichy on the basis of the petitioner's representation dated 15.03.2025.
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. 3203 /ThaKu.4/ 2025 dated 07.03.2025 passed by the Second respondent and quash the same and directing the first respondent to grant leave for 30 days without escort to the detenue, Jayakumar S/o. Chinnaiya aged about 35 years bearing Convict Prisoner No.22991 (PID. No. 161933) 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 30 days of leave for her husband, without escort, on the ground that her daughter has certain medical ailments and the petitioner requires the presence of her husband for arranging
funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 02 years, 10 months and 23 days of imprisonment.
4.The learned Additional Public Prosecutor submits that as the original medical certificate was not attached, the report from the Probation Officer was not sought.
5. Considering the period undergone by the detenue in the prison, we are inclined to grant leave for a period of 3 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. 3203 /ThaKu.4/ 2025 dated 07.03.2025 is hereby set aside. The convict viz., Jayakumar, S/o.Chinnaiya, aged about 35 years, Convict Prisoner No.22991 (PID. No.161933), confined at Central Prison, Trichy, is hereby granted leave for a period of 3 days, without escort, commencing from 10.00 am on 25.06.2025 to 05.00 p.m of 28.06.2025. 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, Annavasal Police Station, Chennai, 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 600 009. 2.The Superintendent Of Prison Central Prison, Trichy
3.The Public Prosecutor, Madras High Court, Chennai
M.S.RAMESH J.
AND V.LAKSHMINARAYANAN J.
nl WP No. 10020 of 2025 and WMP No. 11231 of 2025 20-06-2025