Kaladevi v. Deputy Inspector General Of Prison

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Kaladevi

...Petitioner

Vs.

1.Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.

2.The Superintendent of Prison, Central Prison, Salem.

3. The Inspector of Police, Kolathur Police Station, Mettur Taluk, Salem District.

(Cr. No.68 of 2019) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, or order of direction in the nature of a writ directing the respondents 1 and 2 to grant ordinary leave of 30 days to the convict prisoner Nachimuthu (M/59), S/o. Nachiyappa Gounder, Convict Prisoner No.169494 who is lodged at Central Prison, Salem to make 1/5

arrangement and participate in the marriage of his daughter Selvi.N.Dharini with R.Murugesan @ Dinesh scheduled to be held on 08,06.2025 i.e. 15 days before marriage and 15 days after marriage. For Petitioner :

Mr.V.Elangovan For Respondents :

Mr.P.Muniyapparaj, Additional Public Prosecutor *****

O R D E R

(Judgment of the Court was delivered by G.R.SWAMINATHAN,J.) Heard both sides.

2. The petitioner's husband was convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment vide judgment dated 20.06.2022. The appeal is still pending.

3. Since three years from the date of conviction is yet to expire, the petitioner's husband is not entitled to Ordinary leave. He is entitled to Emergency Leave only. The wedding of the petitioner's daughter is to be held on 08.06.2025. Considering these aspects, we direct the first respondent to grant 15 days Emergency Leave for the prisoner. The prisoner 2/5

shall be released without escort at 10.00 a.m. on 01.06.2025, he shall return to the prison at 5.00 p.m. on 15.06.2025.

4. The prisoner shall report before the third respondent daily at 5.00 p.m. except on the date of wedding. The prisoner shall confine his movement to the limits of Salem District.

5. The Writ Petition is allowed accordingly. There shall be no order as to costs.

(G.R.S., J.) (V.L.N., J.) 14.05.2025 jv/dsa Index : Yes / No : Yes / No Speaking order / Non-Speaking order 3/5

To:- 1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.

2.The Superintendent of Prison, Central Prison, Salem.

3. The Inspector of Police, Kolathur Police Station, Mettur Taluk, Salem District.

4/5

G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

jv/dsa 14.05.2025 5/5