Vijayalakshmi v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.8950 of 2025 Vijayalakshmi ... Petitioner .Vs.
1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Commissioner of Police, Office of the Commissioner of Police, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus directing the respondents to call for the records 1/6
passed by the first respondent in NO.356/Uu.Tha-2/2025, dated 20.03.2025 and quash the same as bad in law and further to direct the respondents 1 and 2 to grant ordinary leave without escort for a period of 21 days to the Petitioner's brother namely, Kannan(C.P.No.6099), who is life sentenced prisoner in a murder case and languishing in Madurai Central Prison for the past seven years.
For Petitioner : Ms.A.Karthika For R1 to R3 : Mr.A.Thiruvadi Kumar Addl. Public Prosecutor
O R D E R
DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The sister of the life convict by name Vijayalakshmi, is before this Court seeking issuance of a Writ of Certiorarified Mandamus to quash the order, dated 20.03.2025 passed by the Deputy Inspector General of Prison, Madurai and to grant ordinary leave to the life convict without escort, for a period of 21 days.
2.Heard the learned counsel appearing on either side and perused 2/6
the materials placed before this Court.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3/State submits that Kannan, borther of the Petitioner was sentenced to undergo life imprisonment by the Vth Additional District and Sessions Court, Madurai in S.C.No.491/2017 vide judgment, dated 23.12.2021 for murdering his wife. On his request, he was granted 21 days ordinary leave with escort.The present Writ Petition is filed to modify the order and pray for leave without escort. According to the learned Additional Public Prosecutor, the family members of the victim are objecting for granting leave and his presence outside without escort may lead to untoward incident.
4.This Court, taking note of the fact that the leave granted to the life convict cannot be unconditional in view of the apprehension expressed by the Probationary Officer and the jurisdictional Police and therefore, escort is necessary, however, that may not be a set of four escorts as usual, but may be of a single escort. 3/6
5.With the above modfication, the Writ Petition stands disposed of. [G.J.,J.] [R.P.,J.] 22.04.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Commissioner of Police, Office of the Commissioner of Police, Madurai District.
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DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn ORDER MADE IN W.P(MD)No.8950 of 2025 22.04.2025 6/6