Priyadharshini v. The State Represented By Its The Secretary To The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No. 6081 of 2025 and W.M.P(MD)No.4467 of 2025 Priyadharshini ... Petitioner/Wife of the detenu -VsThe State Represented by its,
1. The Secretary to the Government of Tamil Nadu, Department of Home, Fort Saint George Chennai 600 009.
2. The Deputy Inspector General of Prison, Trichy Range, Central Prison, Trichy 620 020.
3. The Superintendent, Central Prison, Trichy 620 020.
4. The Superintendent of Police, Office of the Superintendent of Police, Madurai - 625 007.
... Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the vide Impunged order No.735/Mu.Vu./2024, dated 28.01.2025, issued by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 3 months without escort to the detenue, Pandi S./o.Karuppathevar, aged about 43 years, Convict No.25194, confined at Central Prison, Trichy.
For Petitioner : Mr.S. Manoharan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
R.POORNIMA, J.
This Writ Petition is filed directing the respondents to grant three months ordinary leave without escort to the detenue, Pandi S./o.Karuppathevar, aged about 43 years, Convict No.25194, confined at Central Prison, Trichy.
2. We heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the material documents available on record.
3. The husband of the petitioner, Pandi son of Karuppathevar, aged about 43 years, Convict No.25194, underwent surgery at the Government Hospital, Trichy on 25.04.2025 and he is now under post-operative care.
4. The Learned Counsel appearing for the petitioner states that the patient may be permitted to get admission in the Private Hospital and take necessary care.
5. Considering the facts and circumstances, this Court is of the view that such a request may be revived after the Doctor in Trichy Hospital opines that the patient is fit to be discharged. However, we are of the view that shifting the patient at this stage through a Court order may not be appropriate, as it is not based on any expert assesment about the health condition of the patient.
6. Therefore, this Writ Petition is disposed off with liberty as stated above. No Costs. Consequently, connected petition is closed. [G.J., J.] & [R.P., J.] 28.04.2025 NCC : Yes / No Index : Yes / No KSA
To
1. The Secretary to the Government of Tamil Nadu, Department of Home, Fort Saint George Chennai 600 009.
2. The Deputy Inspector General of Prison, Trichy Range, Central Prison, Trichy 620 020.
3. The Superintendent, Central Prison, Trichy 620 020.
4. The Superintendent of Police, Office of the Superintendent of Police, Madurai - 625 007.
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
KSA W.P.(MD)No.6081 of 2025 28.04.2025