M.Poongodi 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.13667 of 2025 M.Poongodi ... Petitioner Vs.
1. The State of Tamil Nadu Rep. by the Principal Secretary to Government Home, Prohibition 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/194/2025-G1 dated 25.03.2025 and quash the same as illegal and consequently direct the 1st respondent to
grant 21 days ordinary leave without police escort to the petitioner's son viz. Karuppaiah, S/o.Mathiyazhagan, Life Convict Prisoner, bearing Life Convict Prisoner No.23214, PID No.206463 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/194/2025-G1 dated 25.03.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner's son viz. Karuppaiah, S/o.Mathiyazhagan, Life Convict Prisoner, bearing Life Convict Prisoner No.23214, PID No.206463 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 21 days ordinary leave to her son, since the petitioner is suffering from sever pain in her right hand and doctors have also advised her to take continuous medical treatment and had issued medical certificate. The petitioner also seeks the presence of her son to repair her damaged house and make arrangement for the expenditure to run the family. The said representation 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/194/2025-G1 dated 25.03.2025 and granted 21 days ordinary leave to the convict prisoner 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.ROTRY/194 /2025-G1 dated 25.03.2025 has already granted 21 days ordinary leave to the convict prisoner, and there is no threat to his life or to any others from him, 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/194/2025-G1 dated 25.03.2025, insofar as it orders for leave with escort, is set aside. The convict prisoner viz. Karuppaiah, S/o.Mathiyazhagan, Life Convict No.23214, PID No.206463, is hereby granted 21 days of ordinary leave "without escort" commencing from 03.07.2025 to 23.07.2025, with a condition that the life convict reports before the Kunnam Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 24.07.2025 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, Prohibition 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 600 104 M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
kas
and W.M.P.No.13667 of 2025 27.06.2025