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Madras High CourtWP Crl.(MD)/174/2025disposed of

Seethalakshmi v. The State Of Tamil Nadu

2025-06-16Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

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.Crl(MD)No.174 of 2025 and W.M.P(MD)No.51 of 2025 Seethalakshmi ... Petitioner -Vs1.The State represented by its Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Prisons and Correctional Services, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

4.The Superintendent of Prsons, Central Prison, Trichy-620 020.

5.The Superintendent of Police, District Police Office, Pudukkottai District-622 001 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent vide his proceedings in RO-TRY/277/2025CA, Dated 13.05.2025 and quash the same as illegal and void, consequently, grant 21 days ordinary leave without police escort to her son Ganesan, S/o.Senthilkumar, (P.I.D.No.284304) confined at Central Prison, Trichy-620 020, forthwith considering her representation dated 18.02.2025. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 13.05.2025, passed by the third respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.

2. The writ petitioner is the mother of the convict and for attending serious illness of her husband, she has sought for twenty one(21) days ordinary leave to the convict.

3.The learned counsel appearing for the petitioner submitted that despite the recommendations made by the Probationary Officer and the Local Police, the application has been rejected, since the convict has not completed the minimum required period for granting ordinary leave.

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that now the convict has completed the minimum required period of 3 years and that the Probationary Officer and the Local Police have recommended the case of the petitioner.

5.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we set aside the order dated 13.05.2025 passed in RO-TRY/277/2025-CA by the third respondent and allowed the writ petition with the following directions: (i) The respondents are directed to grant twenty one days ordinary leave to the petitioner's son Ganesan, S/o.Senthilkumar, (P.I.D.No.284304) from 19.06.2025 to 09.07.2025. The convict shall be released from the prison on 18.06.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / fourth respondent, by 10.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Ganeshnagar Police Station, Pudukkottai, daily at 10.30 a.m., without fail.

(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. Consequently, connected miscellaneous petition is also closed.

6.List the matter on 11.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 16.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 17.06.2025

To 1.The State represented by its Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Prisons and Correctional Services, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

4.The Superintendent of Prsons, Central Prison, Trichy-620 020.

5.The Superintendent of Police, District Police Office, Pudukkottai District-622 001 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns W.P.Crl(MD)No.174 of 2025 16.06.2025