Malathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN MALATHI

...Petitioner/wife of the detenue

Vs.

1. The State Rep By The Government Of Tamil Nadu, Rep By Its Secretary To Government, Home Department Secretariat, Chennai-9 2.The Director General Of Police & The Director General Of Prisons, Wannels Road, Egmore, Chennai08.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the 2nd respondent to grant 30 days of ordinary leave to the petitioner's husband Dinesh Kumar @ Deena, S/o. Rajendran on the basis of the petitioner's representation dated 15.03.2025.

For Petitioner : Mr.K.Karthikeyan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

This writ petition has been filed to direct the 2nd respondent to grant 30 days of ordinary leave to the petitioner's husband Dinesh Kumar @ Deena, S/o. Rajendran on the basis of the petitioner's representation dated 15.03.2025.

2. Heard the learned counsel on either side and perused the documents.

3. The petitioner herein seeks for grant of 30 days of ordinary leave, without escort, on the ground that she, having two school going children, was not in a position to pay even the school fees of her children and requires the presence of her husband to make arrangements for the same and their livelihood. Further, the prisoner has undergone 9 years, 6

months of imprisonment.

4.The learned Additional Public Prosecutor, on instructions, submitted that the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true.

5. Although the reason assigned by the petitioner for grant of leave is true, considering that the prisoner has recently availed leave, we are inclined to grant emergency leave only for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Dinesh Kumar @ Deena, S/o. Rajendran, is hereby granted emergency leave for a period of 6 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 16.07.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the petitioner shall report before the Inspector of Police, H3 Tondiarpet Police Station, 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 stands allowed. No costs. [M.S.R., J] [V.L.N., J] 04.07.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith To 1.The Government Of Tamil Nadu, Rep By Its Secretary To Government, Home Department Secretariat, Chennai-9.

2.The Director General Of Police And The Director General Of Prisons, Wannels Road, Egmore, Chennai08.

3.The Inspector of Police, H3 Tondiarpet Police Station 4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

Anu 04.07.2025