Manjula Devi v. The Deputy Inspector General Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 295 of 2025 and W.P.M.P.Crl.No.131 of 2025
1. Manjula Devi W/o.Selvaraj, No.9/300/4, Kamarajar Nagar, Podi Patti Taluk, Udumalai Post, Tirupur Distirct.
Appellant(s) Vs
1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons Central Prison, Coimbatore.
Respondent(s) PRAYER The present Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records of the order dated 18.03.2025 bearing No.1231/tha.ku.3/2025 passed by
respondent No.2 and quashing the same, and consequently directing the respondents to grant 21 days ordinary leave for the petitioner's son namely Navarasan S/o.Selvaraj aged about 26 years, Convict PID No.287079, Convict Prisoner, Central Prison, Coimbatore.
For Appellant(s):
S.Nadhiya For Respondent(s):
Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
J. NISHA BANU, J.
and S. SOUNTHAR, J.
This Writ Petition has been filed to direct the respondents to grant ordinary leave of 21 days to the petitioner's son, Navarasan, S/o. Selvaraj, aged about 26 years, Convict PID No.287079, confined at Central Prison, Coimbatore.
2. The petitioner herein seeks grant of 21 days of ordinary leave for her son on the ground that she requires his presence to arrange funds for medical treatment and to sell 30 cents of land for the livelihood of their family. Further, the convict has already undergone 3 years, 7 months and 20 days of imprisonment.
3. The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 09.04.2025, in which, the Probation Officer has not recommended for grant of leave as the reasons assigned by the petitioner are found to be false.
4. Heard the learned counsel on either side and perused the documents.
5. Even though the Probation Officer has not recommended the grant of leave, considering the fact that the convict prisoner had already availed only six days leave, in exercise of powers under Article 226 of the Constitution of India and keeping in line with the decision of the Hon'ble Supreme Court in 'Dadu alias Tulsidas Vs. State of Maharashtra' reported in '(2000) 8 SCC 437', this Court is inclined to grant leave for a period of 20 days to the convict, as this Court is convinced with the reasons stated by the petitioner in the affidavit filed in support of the petition.
6. Accordingly, the impugned order dated 18.03.2025 passed by the second respondent bearing No.1231/tha.ku.3/2025, is hereby quashed. Consequently, the convict viz., Navarasan S/o.Selvaraj, aged about 26 years, Convict PID No : 287079, confined at Central Prison, Coimbatore, is hereby granted ordinary leave for a period of 20 days, without escort, commencing from 22.09.2025 to 11.10.2025. On expiry of the leave, the convict shall surrender before the prison authorities on 12.10.2025 before 10.00 a.m. During
the period of leave, the prisoner shall report before the Inspector of Police, Udumalaipettai Police Station, twice a week on Tuesdays and Fridays at 10.30 a.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.
7. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
(J.NISHA BANU J.) (S.SOUNTHAR J.) 16-09-2025 ASI Note: Issue order copy on or before 19.09.2025
To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons Central Prison, Coimbatore.
3. The Inspector of Police, Udumalaipettai Police Station.
4. The Public Prosecutor, High Court of Madras, Chennai.
J.NISHA BANU J.
AND S.SOUNTHAR J.
ASI W.P. Crl. No. 295 of 2025 and W.P.M.P.Crl.No.131 of 2025 16-09-2025