Stella Mary v. The Inspector General Of Prions
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.17166 of 2025 Stella Mary ... Petitioner Vs.
1.The Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order dated 20.03.2025 bearing No.812320/tha.ku.2/2025 passed by the respondent No.2 and quashing the same and directing the respondents to grant ordinary leave for 21 days without escort to the
petitioner's husband namely Pandiyan, S/o.Mani, aged about 59 years, Convict No.2416, convict prisoner, Central Prison, Puzhal. For Petitioner : Mrs.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 20.03.2025, rejecting the representation of the petitioner dated 09.03.2025 on the ground that the life convict was convicted under Section 394 r/w. 397 of IPC and hence, he is not eligible for grant of leave as per Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules.
2. The learned counsel for the petitioner submitted that the petitioner requires the presence of her husband/life convict to arrange funds for their livelihood. The learned counsel further submitted that the life convict has undergone 20 years of imprisonment.
3. The learned Additional Public Prosecutor has produced the proforma
of the life convict dated 26.06.2025, as well as the report of the Probation Officer dated 14.08.2024. The proforma produced by the learned Additional Public Prosecutor states that the life convict is not eligible for grant of leave since he already availed 28 days ordinary leave without escort from 18.11.2024 to 15.12.2024 granted through the order passed by this Court dated 05.11.2024 in WP.No.31455 of 2024.
4. Taking into consideration that the life convict has undergone 20 years of imprisonment, he would eligible for an additional 12 days of ordinary leave out of his total 40 days entitlement. Hence, we are inclined to grant 12 days of ordinary leave to the petitioner's husband/life convict.
5. Accordingly, the impugned order dated 20.03.2025 passed in No.812320/tha.ku.2/2025 by the second respondent, is hereby quashed. Consequently, the respondents herein are directed to grant 12 days ordinary leave "without escort" to the petitioner's husband/life convict namely Pandiyan, S/o.Mani, aged about 59 years, Convict No.2416, now confined at Central Prison, Puzhal, commencing from 03.07.2025 to 14.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. P3 Vyasarpadi Police Station, Chennai, daily at 10.30 A.M. After expiry of
the Ordinary Leave, the life convict shall surrender before the Jail Authority on 14.07.2025 before 05.30 P.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.
6. With the above directions, this Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 27.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 02.07.2025.
To 1.The Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
3.The Inspector of Police, P3 Vyasarpadi Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN, J.
Sni 27.06.2025