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Madras High CourtWP Crl./1258/2025disposed of

Sowntherya v. The State Represented By Its,

2025-11-18Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.Crl.No.1258 of 2025 and W.P.M.P.Crl.No.599 of 2025 Sowntherya ... Petitioner Vs.

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, Central Prison Salem, Salem 636 007.

3. The Superintendent, Central Prison Salem, Salem - 636 007.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.1504131/tha.ku-4/2025, dated 23.09.2025, passed by the third respondent and quash the same and 1/6

consequently, direct the respondents to grant ordinary leave for 30 days without escort to the detenu, Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 36 years, PID No.151283, confined in Central Prison, Salem. For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) The present writ petition has been filed seeking a direction to the respondents to grant 30 days ordinary leave without escort to the convict prisoner viz., Deepak @ Ram Deepak, S/o.Madheshwaran (PID No.151283), aged about 36 years.

2. The petitioner is the wife of the convict prisoner. According to the learned counsel for the petitioner, the prisoner has served the sentence for more than ten years. The prisoner's mother has severe medical ailments, and therefore, for the purpose of arranging funds for the medical expenditure, the presence of the prisoner is imminent in their house. Hence, the present writ petition has been filed seeking the above said relief. 3.The learned Additional Public Prosecutor appearing for the 2/6

respondents submitted that the petitioner had availed ordinary leave without escort from 20.12.2022 to 17.01.2023, vide order dated 19.07.2022, passed by the Deputy Inspector General of Prison, Coimbatore Range, Coimbatore, and that the convict prisoner has not come to any adverse notice 4.The reason assigned by the petitioner for the grant of leave is not disputed by the learned Additional Public Prosecutor appearing for the respondents.

5.Considering the submissions made on either side, we are of the view that the convict prisoner can be granted ordinary leave for 28 days. It is also seen that when the leave was granted earlier, the convict prisoner has not come to any adverse notice and the convict prisoner surrendered without any untoward incident.

6.Accordingly, the convict prisoner Deepak @ Ram Deepak, S/o.Madheshwaran (PID No.151283), aged about 36 years, is granted 28 days ordinary leave from 24.11.2025 to 21.12.2025 without escort with a 3/6

condition that the convict prisoner shall report before the jurisdictional police i.e., Hasthampatti Police Station, Salem District, twice a week i.e., on every Monday and Wednesday at 10.30 a.m. After expiry of the leave, the convict prisoner shall surrender before the Jail Authorities on or before 10.00 a.m. on 22.12.2025. 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.

7. With the above direction, this writ petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

[N.S.K.,J.] [M.J.R.,J.] 18.11.2025 Index: Yes/No sli To 4/6

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, Central Prison Salem, Salem 636 007.

3. The Superintendent, Central Prison Salem, Salem - 636 007.

4.The Public Prosecutor High Court, Madras.

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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., sli and W.P.M.P.Crl.No.599 of 2025 18.11.2025 6/6