Sudha v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS JUSTICE R.POORNIMA W.P(MD)No.2697 of 2025 Sudha ... Petitioner .Vs.
1.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, Madurai.
2.The Superintendent of Prison, Central Prison, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul Distrrict.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to grant ordinary leave for a period of thirty days to the Petitioner's husband namely, Andavan, son of 1/5
Kamaraj(C.P.No.1110) who is convicted for ten years in an sexual offence case and is languishing in Central Prison, Madurai for the past three years by considering the Petitioner's representation, dated 3.1.2025.
For Petitioner : Dr.Lakshmi Prasanna For R1,R2&R3 : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor
O R D E R
DR.G.JAYACHANDRAN,J.
AND R.POORNIMA,J.
The wife of the detenu sought for thirty days Ordinary Leave citing that his presence is required to make necessary arrangements for the daughter's marriage and to raise fund. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Mandamus is sought for to consider the representation of the Petitioner, dated 3.1.2025. The learned Additional Public Prosecutor appearing for the respondents states that the 2/5
representation of the Petitioner, dated 3.1.2025 was duly considered and the same has been rejected on the ground that the Petitioner is a convict for the offence under Section 397 IPC.Since the Prison Rule 21(b) does not permit the grant of Ordinary Leave for the said offence, the said representation was rejected. 4.The learned counsel for the Petitioner states that the request of the Petitioner be considered for grant of emergency leave. This Court is unable to countenance such request, since the representation to the authority does not carry the reason for grant of emergency leave.
5.Accordingly, the Writ Petition stands dismissed. If any such application/representation is filed in future with reasons, it may be considered by the authorities in accordance with law. [G.J.,J.] [R.P.,J.] 21.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 3/5
To 1.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, Madurai.
2.The Superintendent of Prison, Central Prison, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul Distrrict.
Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn ORDER MADE IN W.P(MD)No.2697 of 2025 21.02.2025 5/5