M.Jeyasudha v. The Deputy Inspector General Of Prison,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Jeyasudha, F/45 years w/o Maruthupandian, No.214/1 Murugan Kovil Street, Pudukkuraipettai, Virudhachalam Taluk, Cuddalore 606 003.
... Petitioner -vs1. The Deputy Inspector General of Prison, Vellore Range, Vellore 632 002.
2. The Superintendent of Prison, Central Prison, Cuddalore 607 004.
... 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 No.RO-VLR/618/2025-CAMP(A), dated 1.09.2025 passed by the respondent No.1 and quash the portion ' with police escorts' in the impugned order and consequently direct the respondents to grant 21 days ordinary leave to the petitioner's husband namely Maruthupandiyan, Son of Duraisamy, aged 50 years, (PID No.366486) convict prisoner No.16997, now confined in the Central Prison, Cuddalore. 1/7
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 order passed by the first respondent bearing No.RO-VLR/618/2025-CAMP(A), dated 01.09.2025, whereby, 21 days leave, with escort has been granted, modifying the earlier order, which granted 21 days leave without escort.
2. It is the case of the petitioner that her husband Maruthupandiyan, S/o Duraisamy, aged 50 years, PID No.366486 is the convict prisoner No.16997 and he has been undergoing life imprisonment in connection with judgment passed in S.C.No.3 of 2019 on the file of the Special Court for SC/ST (POA) At cases, Cuddalore. The representation dated 12.08.2025 made by the petitioner, seeking grant of 21 days ordinary leave to her husband, was considered by the authorities concerned, however, it was modified by the first respondent, granting 21 days leave with escort. 2/7
According to the petitioner, already, her husband was granted leave by this court and he was released, without escort and he returned to prison without any delay. It is contended by the petitioner that the petitioner's husband has completed 3 1/2 years of his sentence and hence, the impugned order may be quashed and 21 days ordinary leave may be granted to her husband without any escort.
3. Learned Additional Public Prosecutor has specifically contended that there is a life threat to the convict, if he is released without escort. He further submitted that there is every possibility of law and problems and absconding by the convict. Therefore, considering the report submitted by the Inspector of Police, Virudachalam Police Station to the Superintendent of Prison, leave was granted to the petitioner's husband with escort.
4. On perusal of records, it is seen that, earlier, the petitioner's husband was granted ordinary leave by this court. The details are extracted as under.
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Sl No Order of this court made in No. of days leave granted Period of leave W.P.No.10132 of 2025, dated 18.04.2024 20.04.2025 to 24.04.2024 W.P.No.34224 of 2024 dated 25.11.2024 29.11.2024 to 19.12.2024 W.P.No.3120/2025 and W.P.No.3433 of 2025 dated 02.07.2025 21.02.2025 to 26.02.2025
5. The only opposition raised by the State for granting leave without escort is that, there is a life threat to the convict and there is every possibility of law and order problem, if the convict is released without escort. However, the learned Additional Public Prosecutor fairly submitted that, in the earlier occasions, when the convict was released on leave, there was no law and order problem. Therefore, considering the submission made by the learned Additional Public Prosecutor, we are inclined to grant leave for 21 days to the Convict.
6. Accordingly, we direct the respondents to grant leave to the petitioner's husband / Life Convict, namely, Maruthupandiyan, Son of 4/7
Duraisamy, aged 50 years, (PID No.366486) convict prisoner No.16997, now confined in the Central Prison, Cuddalore for 21 days from 16.10.2025 to 05.11.2025 without 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 16.10.2025 and he shall appear before the Inspector of Police, Virudachalam Police Station, Virudachalam Circle, and Cuddalore District on every Monday and Friday at 10.00 a.m. during the said leave period and return back to the prison on or before 05.00p.m. on 05.11.2025.
7. This Writ Petition is disposed of accordingly. No costs.
8. List this matter on 06.11.2025 for reporting compliance. (J.N.B.J.,) (S.S,J.,) 13.10.2025 Index: Yes / No Internet: Yes / No Mst Note: Issue order copy on 14.10.2025 5/7
To:
1. The Deputy Inspector General of Prison, Vellore Range, Vellore 632 002.
2. The Superintendent of Prison, Central Prison, Cuddalore 607 004.
3. The Inspector of Police, Virudachalam Police Station, Virudachalam Circle, Cuddalore District.
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J.NISHA BANU, J.
AND S.SOUNTHAR , J.
mst 13.10.2025 7/7