P. Lilly Josephine Princy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.8437 of 2025 and W.M.P(MD)No.6308 of 2025 P.Lilly Josephine Princy ... Petitioner .Vs.
1.The State of Tamil Nadu, represented by the Secretary to Government, Home(Prison-IV)Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Deputy General of Police, Madurai Range, Arasaradi New,(Jail Campus), Madurai 625 016.
3.The Superintendent of Prison, Central Prison, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution 1/6
of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the third respondent in order No.E738076/Tha.Kul/2025, dated 10.3.2025 and to quash the same and consequently to direct the third respondent to grant emergency leave of 7 days to the Petitioner's brother by name Aroya Prabhu, son of Paneer Selvam, Convict Prisoner No.5848, aged about 40 years, who is confined at Central Prison, Madurai wihout Police escort to her brother.
For Petitioner : Mr.P.Karthick For Respondents : Mr.S.Ravi 1 to 3 Addl. Public Proseutor
O R D E R
DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J This Writ Petition is filed challenging the rejection order of the Jail Authorities, the request for 7 days emergency leave to the life convict to meet his hospitalized brother.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
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3.The report from the respondents indicate that the brother of the life convict was admitted in Meenakshi Mission Hospital, Madurai as inpatient on 24.01.2025 and got discharged on 18.02.2025.Thereafter, admitted in a Physiotherapy Centre on 04.03.2025 and discharged on 17.03.2025. Now again admitted in the Meenakshi Mission Hospital, Madurai on 17.03.2025 to 24.03.2025 and got discharged. Presently, he has recovered substantially from the ailment and staying in his home. 4.The learned Additional Public Prosecutor appearing for the respondents/State further submits that in this year, the convict has already availed 12 days emergency leave in two spells on account of his mother's ailment.The life convict, who is undergoing sentence in connection with a triple murder case, is also facing trial in two more cases, one under Section 302 of IPC and another one under Section 307 of IPC.
5.Considering the nature of the offence, the request made on behalf of the life convict to grant 7 days emergency leave without escort appears to be unsustainable and the same has been rightly rejected 3/6
by the jail authorities. Hence, this Court finds no merit in the Writ Petition and accordingly, the same stands dismissed. Consequently, connected Miscellaneous petition is closed.
[G.J.,J.] [R.P.,J.] 02.04.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Secretary to Government, Government of Tamil Nadu, Home(Prison-IV)Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Deputy General of Police, Madurai Range, Arasaradi New,(Jail Campus), Madurai 625 016.
3.The Superintendent of Prison, Central Prison, Madurai.
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DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn O R D E R MADE IN W.P(MD)No.8437 of 2025 and W.M.P(MD)No.6308 of 2025 02.04.2025 6/6