Selvarasu v. The State Represented By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.322 of 2025 & WPMP Crl.No.145 of 2025 Selvarasu .. Petitioner Vs.

1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Special Women Prison - III, Puzhal - 600 066.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records connected with Impugned Order dated 21.02.2025 in proceeding No.204/Mu.oo.1/2025 passed by the 1st respondent and quash the same directing the respondents to grant ordinary leave for 28 days without escort to the detenue, Dhanalakshmi W/o. Senthilkumar aged about 45 years bearing Convict No.964 (PID No.135587) confined at Special Prison for Women, Puzhal - III. For Petitioner : Mrs.S.Sadhana For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor 1/6

O R D E R

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed challenging the impugned order dated 21.02.2025 in proceeding No.204/Mu.oo.1/2025 passed by the first respondent, granting 28 days of ordinary leave to his daughter/ life convict with escort.

2.The learned counsel for the petitioner submitted that the son of the life convict was hospitalised for taking treatment for blood cancer in Pondicherry Government JIPMER Hospital. In order to take care of her son in the hospital, she applied for emergency leave with the respondents. It is also submitted that the respondent has granted 28 days of ordinary leave with escort. Hence, the petitioner seeks for grant of ordinary leave without escort for his daughter/life convict. He further submitted that the life convict has undergone more than 13 years of imprisonment and therefore, sought for grant of ordinary leave.

3.The learned Additional Public Prosecutor has produced the particulars of the life convict dated 31.07.2025 and the report of the Probation Officer dated 31.07.2025. The Probation Officer in her 2/6

report has stated that the reason that the son of the life convict is suffering from with Blood Cancer is true and that the reason, he has to take care of her son in the hospital is not true. 4.Though the respondents has granted 28 days of ordinary leave with escort, taking into consideration the affidavit filed in support of this petition and the fact that the life convict has undergone more than 6 years of imprisonment, we are inclined to grant 28 days of ordinary leave without escort to the petitioner's daughter/life convict, by invoking our powers under Article 226 of the Constitution of India. 5.Accordingly, the impugned order passed by the first respondent in proceeding No.204/Mu.oo.1/2025 dated 21.02.2025, is hereby quashed.

Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the petitioner's daughter / life convict namely Dhanalakshmi, wife of Senthilkumar, aged 42 years, Ct.No.964, (PID 135587), Life Convict, now confined at Special Prison for Women, Puzhal - III, commencing from 30.08.2025 to 26.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Tittagudi Police Station, Cuddalore District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 26.09.2025 before 05.30 P.M.

shall not indulge in any other activities.

6.With the above direction, the Petition stands allowed. Consequently, the connected miscellaneous petition is closed. No costs.

(M.S.R., J) (V.L.N., J) 22.08.2025 nl Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 29.08.2025.

To 1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Special Women Prison - III, Puzhal - 600 066.

3.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

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