Thiruvan v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.14587 of 2025 Thiruvan ... Petitioner Convict Prisoner CP No.1313 -Vs1.The Deputy Inspector General of Prison, O/o.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 Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records passed by the Respondent No.1 in No.285/cj.2/2025 dated 02.03.2025 and quash the same as bad in law
and further direct the Respondent No.1 and 2 to grant ordinary leave without escort for the period of 30 days to the petitioner by considering his representation dated 08.02.2025.
For Petitioner : M/s.A.Karthika For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 02.03.2025, passed by the first respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.
2. The writ petitioner is the convict prisoner and for the repair and renovation works of the small dilapidated house, he has sought for thirty days (30) days ordinary leave to the life convict.
3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that three victims are residing in the same area and that it would affect their studies. He further submitted that though the
probationary officer has recommended for grant of leave, the police has not recommended stating that the victims are in the same area, if he will come out on leave, it would affect the victims mentally.
4. Per contra, the learned counsel for the petitioner would submit that the petitioner has been granted emergency leave earlier on three occasions.
5. Taking into consideration the request of the petitioner and also taking into sympathetic and humanitarian consideration, this Court is inclined to direct the respondents to grant six (6) days emergency leave to the petitioner's son with single escort.
6. In the result, (i) The writ petition is allowed.
(ii) The impugned order dated 02.03.2025 passed by the first respondent, is set aside.
(iii) The petitioner namely, Thiruvan, S/o.Mookan (C.P.No.1313) now detained in the Central Prison, Madurai, is granted emergency leave for 6 days from 19.06.2025 to 24.06.2025.
(iv) The convict prisoner shall be released from the prison at 5.00 p.m on 18.06.2025 and he shall return back to the prison at 10.00 a.m on 25.06.2025.
(v) Single escort shall be provided to accompany the convict prisoner.
(vi) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.
(vii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.
(viii) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the jail manual.
[A.D.J.C., J.] & [R.P., J.] 16.06.2025 NCC : Yes / No Index : Yes / No am Note:Issue order copy on 17.06.2025
To 1.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
am W.P.(MD)No.14587 of 2025 16.06.2025