E.Shanthi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.13673 of 2025 E.Shanthi ... Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Principal Secretary to Government Home, Prohibtion and Excise (Prison-IV) Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prisons and Correctional Services Trichy Range, Race Course Road Trichy 620 023 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent

vide proceedings in No.RO-TRY/23/2025-G1 dated 23.03.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 28 days ordinary leave without police escort to the petitioner's son viz. Babu, S/o.Elangovan, Life Convict Prisoner, bearing Life Convict Prisoner No.21173, PID No.34855 confined at Central Prison, Trichy on the basis of the petitioner's representation dated 30.03.2025. 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 issuance of Writ Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent vide proceedings in No.RO-TRY/23/2025-G1 dated 23.03.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 28 days ordinary leave without police escort to the petitioner's son viz. Babu, S/o.Elangovan, Life Convict Prisoner,

bearing Life Convict Prisoner No.21173, PID No.34855 confined at Central Prison, Trichy on the basis of the petitioner's representation dated 30.03.2025.

2. Learned counsel for the petitioner submitted that the petitioner is the mother of the life convict, a representation was sent to the respondents dated 30.03.2025 seeking 28 days ordinary leave to her son, since the petitioner's daughter is suffering from mental illness and nervous disorder, the prisoner being her brother is required to arrange for some medical assistance for his sister and to support the family. Hence, a representation was sent to the respondents, which was considered by the jail authorities with escort. Hence the petitioner is before this Court with the above petition to modify the condition.

3. Learned Additional Public Prosecutor submitted that the petitioner's representation was considered by the Deputy Inspector General of Prisons and Correctional Services, Trichy Range, vide impugned No.RO-TRY/23/2025-G1 dated 23.03.2025 for 28 days of

ordinary leave with escort. Since the leave was granted with escort, the prisoner was not willing to go on leave with escort. Accordingly, prays for appropriate orders.

4. Considering the fact that the Deputy Inspector General of Prisons and Correctional Services, Trichy Range, vide impugned No.RO-TRY/23/2025-G1 dated 23.03.2025 has already granted 28 days ordinary leave to the convict prisoner, this Court is inclined to confirm the leave, but without escort.

5. This Writ Petition stands allowed accordingly. The impugned order passed by the 2nd respondent in No.RO-TRY/23/2025-G1 dated 23.03.2025 is set aside. The convict prisoner viz. Babu, S/o.Elangovan, Life Convict No.21173, PID No.34855, is hereby granted 28 days of ordinary leave "without escort" commencing from 03.07.2025 to 30.07.2025, with a condition that the life convict shall report before the Mannargudi Town Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail

Authorities on 31.07.2025 before 10.00 a.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. No costs. Consequently, connected miscellaneous petition is closed.

[M.S.R, J.] [V.L.N, J.] 27.06.2025 kas Index : Yes / No Speaking / Non speaking Note: Issue Order Copy on 02.07.2025 To.

1.The Principal Secretary to Government Home, Prohibtion and Excise (Prison-IV) Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prisons and Correctional Services Trichy Range, Race Course Road Trichy 620 023 3.The Public Prosecutor High Court of Madras

Chennai M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

kas and W.M.P.No.13673 of 2025

27.06.2025