Renuka v. The State Rep The Deputy Inspector General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.17785 of 2025 E.Renuka

...Petitioner/wife of the detenue

Vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Vellore Range, Vellore Central Prison, Vellore-641 018 2.The Superintendent, Cuddalore Central Prison, Cuddalore-607 401 ... 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 pertaining to the impugned order bearing order No.R0VLR/156/2025, dated 15.02.2025 passed by the first respondent and quash the same and consequently, direct the respondents to grant

ordinary leave for 21 days, without escort to the detenue Saravanan, S/o.Mayavel, aged about 28 years, Convict No.16989, detained at Central Prison, Cuddalore.

For Petitioner : Mr.S.Manoharan 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 to call for the records pertaining to the impugned order bearing order No.R0-VLR/156/2025, dated 15.02.2025 passed by the first respondent and quash the same and consequently, direct the respondents to grant ordinary leave for 21 days, without escort to the detenue Saravanan, S/o.Mayavel, aged about 28 years, Convict No.16989, detained at Central Prison, Cuddalore.

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

3. Pending the Writ Petition, the Jail Authorities have granted ordinary leave to the prisoner for a period of 21 days, with escort vide order No.RO-VLR/156/2025-CAMP(A) dated 15.02.2025. Challenging the said order, this petition has been filed seeking leave, without escort.

4. Learned counsel for the petitioner would submit that the petitioner is not in a position to afford for leave, with escort in view of her financial status, as she has two daughters and is unable to meet their educational expenses and she requires the presence of her husband / convict prisoner.

5. In the impugned order dated 15.02.2025, we do not find any reason as to why escort shall be provided for the prisoner since there is no threat to his safety. Accordingly, the order passed by the Jail Authorities in No.RO-VLR/156/2025-CAMP(A) dated 15.02.2025, granting 21 days of ordinary leave, with escort is modified to leave, without escort commencing from 10.00 am on 14.06.2025 to 5 pm of 04.07.2025. However, there shall be a further condition that the convict prisoner shall report before the Inspector of police, Thittakudi Police

Station, Cuddalore District, daily 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. All other conditions imposed by the Jail Authorities in the order shall remain in tact.

6. Accordingly, the Writ Petition stands partly allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 02.06.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 13. 06 .2025 Upload the order copy forthwith To 1.The Deputy Inspector General of Prison, Vellore Range, Vellore Central Prison, Vellore-641 018 2.The Superintendent, Cuddalore Central Prison, Cuddalore-607 401

4.The Inspector of Police, Thittakudi Police Station, Cuddalore District 5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN , J.

Anu and W.M.P.No.17785 of 2025 02.06.2025