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Madras High CourtWP Crl.(MD)/173/2025disposed of

A.Nallan v. The Deputy Inspector General Of Prisons And Correctional Services,

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.173 of 2025 and W.M.P(MD)No.50 of 2025 A.Nallan ... Petitioner/ Father of the Convict -Vs1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2.The Superintendent of Prison, O/o.Central Prison, Trichy-620 020.

3.The Superintendent of Prison, Open Air Prison, Purasadai Udaippu, Sivagangai District.

4.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 Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent vide proceedings in No.91/MuVu/2025 dated 21.02.2025 and quash the same as illegal and consequently direct the respondents to grant 21 days ordinary leave without police escort to the petitioner's son namely Karthick, S/o.Nallan, Convict Prisoner, PID No.88716 now confined at Open Air Prison, Purasadai Udaippu, Sivagangai District. 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.) The order dated 21.02.2025, 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 father of the convict and for attending serious illness of his wife, he has sought for twenty one(21) days ordinary leave to the convict.

3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the request of the petitioner has been considered and twenty one (21)days ordinary

leave with escort has been granted to the convict to attend serious illness of his mother.

4.The learned counsel for the petitioner would submit that considering his conduct the prisoner is detained only at Open Air Prison, Sivagangai. 5.Recording the submission made by the learned Additional Public Prosecutor and considering the conduct of the prisoner and the purpose for which the leave sought is for, we are inclined to direct the respondents to grant twenty one days ordinary leave to the petitioner's husband without escort.

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

(i) The respondents are directed to grant twenty one days ordinary leave to the petitioner's son, namely, Karthick, S/o.Nallan, Convict Prisoner, PID No.88716, now detained in the Open Air Jail Purasadaiudaippu, from 19.06.2025 to 09.07.2025 and 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,

Perambalur District / third respondent, by 10.07.2025 at 10.30 a.m.

(iii) During the said leave period, the convict prisoner shall appear before the Ponnamaravathi Police Station daily at 07.00 a.m., and 07.00 p.m., from 19.06.2025 onwards without fail except.

(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) The convict prisoner shall not enter into the jurisdiction limits of the Police Station where the victim resides. (vii) No costs. Consequently, connected miscellaneous petition is also closed.

7.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 Note:Issue order copy on 17.06.2025

To 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2.The Superintendent of Prison, O/o.Central Prison, Trichy-620 020.

3.The Superintendent of Prison, Open Air Prison, Purasadai Udaippu, Sivagangai District.

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

5.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.173 of 2025 16.06.2025