Malini v. The State Rep By The Depruty Inspsector Of General Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P. No.13159 of 2025 Malini ... Petitioner vs 1.The State represented by its The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent, Puzhal Central Prison I, Puzhal, Chennai - 600 066.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records connected with impugned order in Proceeding No.793764/Thaku2/2025 dated 06.03.2025 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu Ravikumar, Page Nos.1/5
S/o.Venkatesh, aged about 63 years bearing Convict No.7312 (PID No.117048) confined at Central Prison - I, Puzhal, Chennai. For Petitioner :
Ms.S.Sadhana For Respondents :
Mr.A.Damodaran Additional Public Prosecutor
ORDER
[Order of the Court was made by G.ARUL MURUGAN, J.,] This writ petition has been filed challenging the order of the second respondent dated 06.03.2025 whereby the request of the petitioner for grant of 28 days ordinary leave without escort to her husband was rejected. The petitioner's husband is a convict and he has been serving sentence in the prison for the past 13 years.
2. The contention of the learned counsel for petitioner is that the petitioner's son got married in Bangalore and reception is scheduled to be held on 11.05.2025. Therefore, the petitioner's husband may be given an opportunity to participate in the reception.
3. Learned Additional Public Prosecutor, on instructions, submitted that already ordinary leave was granted to the petitioner's Page Nos.2/5
husband on two occasions without escort for a period of 15 days. It is submitted that on completion of leave, the petitioner's husband has reported to the prison authorities. Further, on verification, the learned Additional Public Prosecutor submits that the petitioner has booked a hall by paying an advance amount of Rs.5,000/- for the reception to be conducted on 11.05.2025.
4. It is seen that the petitioner's husband is a convict who has been sentenced under NDPS Act in C.C.No.47 of 2012 by the I Additional Special Court for Exclusive Trial of Cases under NDPS Act. However, the learned Additional Public Prosecutor confirms that the marriage of the convict's son has happened in Bangalore and petitioner's husband has not attended the marriage and the hall has been booked for the reception on 11.05.2025.
5. Considering the facts and circumstances of the case, though ordinary leave was granted earlier, in view of the fact that the convict's son got married in Bangalore and reception is scheduled to be held on 11.05.2025, the convict Ravikumar, S/o.Venkatesh, aged about 63 years bearing Convict No.7312 (PID No.117048), now confined at Page Nos.3/5
Central Prison - I, Puzhal, Chennai is granted two days emergency leave with escort (in civil dress). The convict shall be released from prison at 10.00 am on 11.05.2025 and he shall report before the prison authorities by 05.00 p.m on 12.05.2025. 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.
6. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (N.M.,J.) (G.A.M.,J.) 09.05.2025 Index : Yes / No mmi/gpa Note: Issue today To 1.The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent, Puzhal Central Prison I, Puzhal, Chennai - 600 066.
3. The Public Prosecutor High Court, Madras.
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N.MALA, J., and G.ARUL MURUGAN, J., gpa W.P.No.11644 of 2025 09.05.2025 Page Nos.5/5