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Madras High CourtWP Crl.(MD)/2/2025disposed of

M.Saranya v. The Superintendent Of Prison

2025-06-03Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.2 of 2025 M.Saranya ... Petitioner/ Wife of the Live Convict -Vs1.The Superintendent of Prison, Central Prison, Trichy-620 020.

2.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore District.

3.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to grant 6 days emergency leave without police escort to the petitioner's husband namely, Mahendran, S/o.Chidambaram, life convict, bearing Convict Prisoner No.24829, PID No. 191183 confined at Central Prison, Trichy, for attending the marriage of his

brother, which is scheduled to be held on 06.06.2025 on the basis of the petitioner's representation dated 04.04.2025. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to direct the first respondent to grant 6 days emergency leave without police escort to the petitioner's husband namely, Mahendran, S/o.Chidambaram, life convict, bearing Convict Prisoner No.24829, PID No.191183 confined at Central Prison, Trichy, for attending the marriage of her husband's younger brother, which is scheduled to be held on 06.06.2025 on the basis of the petitioner's representation dated 04.04.2025. 2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the representation of the petitioner may be considered and six(6) days emergency leave with escort may be granted to the convict to attend his younger brother's marriage, which is scheduled to be held on 06.06.2025.

3.The learned counsel appearing for the petitioner would submit that earlier the convict was granted emergency leave, pursuant to the order passed by this Court in W.P(MD)No.24615 of 2024 dated 24.10.2024, where an ordinary leave was granted to the convict without escort and hence, he prays for leave without escort.

4.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant six days emergency leave to the petitioner's husband to attend his brother's marriage, which is scheduled to be held on 06.06.2025 without escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant six days emergency leave to the petitioner's husband, namely, Mahendran, S/o.Chidambaram, from 04.06.2025 to 09.06.2025. (ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / first respondent, by 09.06.2025 at 5.30 pm.,

(iii) During the leave period, the convict prisoner shall appear before the Keeranur Police Station everyday at 10.30 a.m., without fail except on 06.06.2025.

(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) No costs.

6.List the matter on 10.06.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 03.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 03.06.2025 To

To 1.The Superintendent of Prison, Central Prison, Trichy-620 020.

2.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore District.

3.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.

34.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns W.P.(MD)No.2 of 2025 03.06.2025