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Madras High CourtWP Crl./381/2025disposed of

Sheela v. State Rep By, The Deputy Inspector General Of Prison,

2025-10-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sheela, W/o Prakash ... Petitioner -vs1.The State rep. by its The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore - 18.

2. The Superintendent of Prison, Central Prison, Coimbatore - 18.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st respondent vide his letter in No.724/MuVu/2025 dated 25.06.2025 and quash the same and consequently direct the respondents to grant 21 days ordinary leave without escort to the petitioner's son, Venkatesh S/o Prakash, who is a convict prisoner bearing PID No.75071, aged about 30 years, who is presently 1/6

confined in Central Prison, Coimbatore, based on her representation given on 03.04.2025.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor

O R D E R

(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed, challenging the order dated 25.06.2025 passed by the 1st respondent in No.724/mu.vu//2025, whereby the representation of the petitioner, seeking to grant leave to her son / Convict Prisoner, was rejected.

2. It is the case of the petitioner that he is the mother of the Life Convict, namely, Venkatesh S/o Prakash, aged 30 years, PID No.75071 and his son has been undergoing life imprisonment in connection with the judgment passed in Spl.C.C.No.18 of 2018 on the file of the learned Sessions Judge, Mahalir Neethimandaram (FTMC), Udhagamandalam, at Nilgiris, which was confirmed by judgment dated 20.06.2025, passed by this Court in Crl.A.No.67 of 2023. The representation dated 03.04.2025 given by the petitioner for grant of 30 days leave to her son was rejected by the 1st respondent, vide order impugned herein. It is the further case of the 2/6

petitioner that her husband died 17 years ago and she is having two daughters and one son(convict prisoner). The elder daughter was abandoned by her husband and she is residing with the petitioner along with her children and her younger daughter is studying in College. The petitioner is an aged person and facing aged ailments and she is not in a position to maintain herself and her daughters. Therefore, in order to make arrangements for their livelihood, the presence of her son is necessary. Her son is inside the jail for more than three years and he has not applied for any leave previously. The rejection of leave application is violative of Articles 14 and 21 of the Constitution of India.

3. Learned Additional Public Prosecutor has stated that the petitioner's son is inside prison for the past 3 years and 7 months. However, he would state that the convict has never availed any leave.

4. Considering the fact that the convict is inside prison for more than 3 years and that he has to make arrangements for the livelihood of his family, we are inclined to grant ordinary leave for a period 15 days with minimum escort to the Convict.

5. Accordingly, we direct the respondents to grant ordinary 3/6

leave to the petitioner's son / Life Convict, namely, Venkatesh S/o Prakash, PID No.75071, aged about 30 years, confined in the Central Prison, Coimbatore, for a period of 15 days from 10.10.2025 to 25.10.2025 (by excluding the day on which the Convict is released from the prison) with minimum escort, subject to the usual / other conditions that may be imposed by the respondents. The Convict shall be released from the prison at 10.00 a.m. on 10.10.2025 and he shall return back to the prison on or before 05.00 p.m. on 25.10.2025. The expenses for the Escort shall be borne by the petitioner.

6. This Writ Petition is disposed of accordingly. No costs. (J.N.B.J.,) (S.S,J.,) 08.10.2025 vsi Note: Issue order copy on 09.10.2025 To

1. The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore - 18.

2. The Superintendent of Prison, Central Prison, Coimbatore - 18.

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3. The Public Prosecutor, High Court, Chennai.

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J.NISHA BANU, J.

AND S.SOUNTHAR , J.

vsi 08.10.2025 6/6