O.Amudha v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR O.Amudha ... Petitioner -vs1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.

2. The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.

... 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 in No.308726/Tha Ku2/2025 dated 27.05.2025 passed by the 2nd respondent, quash the portion 'with police escorts' in the impugned order and consequently, direct the respondents to grant 28 days' ordinary leave to the petitioner's husband, Oothas, S/o.Samuvel, aged 48 years, Convict Prisoner C.T.No.8273 PID No.308726, now confined in the Central Prison1, Puzhal, Chennai. 1/4

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the portion of the order dated 27.05.2025 passed in No.308726/Tha Ku2/2025, whereby the Convict Prisoner was granted 28 days' Ordinary Leave with Police Escort.

2. Learned counsel for the petitioner submitted that the Convict Prisoner was earlier granted 21 days' leave by this Court on 19.12.2024 in W.P.No.37598 of 2024 without escort. Now, the grant of 28 days' Ordinary Leave by the 2nd respondent, to the Convict Prisoner 'with Police Escort' is highly erroneous and the same requires to be set aside.

3. Learned Additional Public Prosecutor has specifically contended that for security purpose, the Convict Prisoner was granted leave with Police Escort. However, he has fairly stated that the Convict is entitled to an ordinary leave of 28 days as on date.

4. Considering the fact that the Convict Prisoner availed leave 2/4

from this Court vide order dated 19.12.2024 without any escort and also the fact that his conduct was good throughout, we are of the view that the Convict Prisoner can avail leave without Police Escort.

5. Accordingly, this Writ Petition is allowed and the portion of the order impugned herein, namely, 'with police escorts' alone stands set aside. We direct the respondents to grant leave to the petitioner's husband / Convict Prisoner, namely, Oothas, S/o.Samuvel, aged 48 years, Convict Prisoner C.T.No.8273, PID No.308726, confined in the Central Prison-1, Puzhal, Chennai for 28 days from 29.09.2025 to 28.10.2025 (by excluding the day on which the Convict is released from the prison and the day on which he surrenders before the Prison Authorities) without Escort Police, 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 29.09.2025 and he shall return back to the prison on or before 05.00p.m. on 28.10.2025. The Convict Prisoner shall report before the jurisdictional Police, viz., H-3, Tondiarpet Police Station on every Tuesday at 10.00am. J.NISHA BANU, J.

AND 3/4

S.SOUNTHAR , J.

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6. This Writ Petition is disposed of accordingly. No costs. List this matter on 29.10.2025 for reporting compliance. (J.N.B.J.,) (S.S,J.,) 22.09.2025 Index: Yes / No Internet: Yes / No ar Note: Issue order copy on 23.09.2025 To:

1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.

2. The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.

3. The Inspector of Police, H-3, Tondiarpet Police Station Chennai

4. The Public Prosecutor, High Court, Madras.

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