Muthulakshmi v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Muthulakshmi ... Petitioner vs.

1. The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St. George, Chennai-9.

2. The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3. The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

4. The Jail Superintendent, Central Prison, Madurai District.

... Respondents Page No.1 of 6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant 20 days of ordinary leave without an escort to the petitioner's husband namely, Ravi alias Shanmugam who is undergoing sentence as life convict in Central Prison, Madurai (CP.No.4654) to enable him to attend the marriage of his daughter Jothilakshmi scheduled on 16.06.2025, in pursuance of the petitioner's representation dated 09.06.2025 within a time frame fixed by this Court.

For Petitioner : Ms.K.Pandipriya For Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to grant 20 days of ordinary leave without escort to the petitioner's husband namely, Ravi alias Shanmugam, who is a life convict in Central Prison, Madurai (CP.No. 4654), in order to attend his daughter's marriage scheduled on 16.06.2025, pursuant to the petitioner's representation dated 09.06.2025 within a time frame.

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2.

The learned Additional Public Prosecutor who takes notice for the respondents, on instructions, submitted that the convict prisoner has already availed the ordinary leave which was available in his credit for this year and therefore, he is not entitled to ordinary leave for the current year.

3.

Considering the fact that the convict prisoner is seeking leave to attend his daughter's marriage and that the convict prisoner has no ordinary leave available in his credit for the current year, we are inclined to grant emergency leave to the convict prisoner for four days without escort, on the following conditions:

(i) The convict prisoner namely, Ravi alias Shanmugam (C.P.No.4654) now detained in the Central Prison, Madurai, is granted emergency leave for 4 days from 13.06.2025 to 17.06.2025.

(ii) The convict prisoner shall be released from the prison at 5.00 p.m on 13.06.2025 and he shall return return back to the prison at 05.00 p.m on 17.06.2025.

(iii) During the said leave period, the convict prisoner Page No.3 of 6

shall report before the Inspector of Police, Keeraithurai Police Station, Madurai, daily at 07.00 p.m., from 14.06.2025 onwards without fail.

(iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 4.

With the above direction, the Writ Petition stands allowed. No costs.

[A.D.J.C., J.] [R.P., J.] 12.06.2025 Index : Yes / No bala Note : Issue order copy on 12.06.2025 To:

1. The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St.George, Chennai-9.

2. The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

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3. The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

4. The Jail Superintendent, Central Prison, Madurai District.

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

Page No.5 of 6

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 12.06.2025 Page No.6 of 6