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Madras High CourtWP Crl./1196/2025disposed of

Pushpavalli v. The State Represented By Its

2025-11-05Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman7 pages

N.SATHISH KUMAR,J.

M.JOTHIRAMAN, J.

The writ petition is posted today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that in the fifth paragraph of the order dated 05.11.2025, the name of the police station was wrongly mentioned as "Nemili Police Station" instead of "H2, Stanley Hospital Police Station, Chennai" and seeks for necessary correction.

3. In the light of the above, paragraph 5 of the order in W.P.Crl.No.1196 of 2025, dated 05.11.2025 shall be read as follows: " 5. Accordingly, the convict prisoner viz., Jayalakshmi, W/o. Babu (Convict No.946), aged about 39 years is granted 13 days ordinary leave from 07.11.2025 to 20.11.2025 (by excluding the day on which the convict is released from the prison) without escort with a condition that the convict prisoner shall report before the H2, Stanley Hospital Police Station, Chennai, daily at 05.00pm. After expiry of the ordinary leave, the convict prisoner shall surrender on 20.11.2025 at 05.30 pm. The convict prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities."

N.SATHISH KUMAR,J.

M.JOTHIRAMAN, J.

4. Registry is directed to carry out the necessary corrections in the order and issue a fresh order copy after carrying out the above said corrections. [N.S.K., J] [M.J.R, J] 07.11.2025 mrp Note : Issue Order copy today

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.11.2025

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Pushpavalli ... Petitioner

Versus

The State represented by its

1. The Secretary to Government of Tamil Nadu Home (Prison IV) Department The Secretariat of Tamil Nadu, Chennai - 600 009

2. The Deputy Inspector General of Prison (DIG) Puzhal Range Egmore Chennai - 600 008

3. The Superintendent Women's Central Prison Puzhal Chennai - 620 020 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to extend leave for 30 days without escort and without the need for reporting to the police station to the detenue Jayalakshmi w/o.Babu, aged about 39 years, Convict No.946, confined at Women's Central Prison, Puzhal, Chennai.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition has been filed seeking a direction to the respondents to extend the leave without escort to the Convict Prisoner viz., Jayalakshmi, W/o.Babu (Convict No.946), aged about 39 years.

2. The petitioner is the mother of the convict prisoner. The learned counsel for the petitioner submitted that the convict prisoner is suffering from various ailments and has undergone treatment at Stanley Hospital, Chennai. The learned counsel further submits that in the earlier spell of leave, the petitioner could not take proper treatment as she has to sign daily at Nemili Police Station at 10.00am.

3. The learned Additional Public Prosecutor submitted that the convict prisoner has already been granted 15 days ordinary leave by this Court vide order dated 07.10.2025 in W.P.(Crl.No.)No.756 of 2025 and hence, she is entitled to only 13 days ordinary leave.

4. Considering the submissions made and also considering the fact that when the leave was granted earlier, she has not come to any adverse notice and the convict prisoner surrendered without any untoward incident, we are inclined to grant 13 days ordinary leave to the convict prisoner without escort.

5. Accordingly, the convict prisoner viz., Jayalakshmi, W/o.Babu (Convict No.946), aged about 39 years is granted 13 days ordinary leave from 07.11.2025 to 20.11.2025 (by excluding the day on which the Convict is released from the prison) without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e., Nemili Police Station, daily at 05.00pm. After expiry of the ordinary leave, the convict prisoner shall surrender on 20.11.2025 at 05.30pm. The convict prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. With the above direction, this writ petition stands allowed. There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.] 05.11.2025 Index: Yes/No

gpa Note: Issue order copy 06.11.2025 To

1. The Secretary to Government of Tamil Nadu Home (Prison IV) Department The Secretariat of Tamil Nadu, Chennai - 600 009

2. The Deputy Inspector General of Prison (DIG) Puzhal Range Egmore Chennai - 600 008

3. The Superintendent Women's Central Prison Puzhal Chennai - 620 020 4.The Public Prosecutor High Court, Madras.

N.SATHISH KUMAR, J., M.JOTHIRAMAN, J., gpa 05.11.2025