Chellammal v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.184 of 2025 Chellammal ... Petitioner vs.

1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.

3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaing to the impugned order of the first respondent dated 13.03.2025 in No.307/UTHA. 2/2025 and quash the same and consequently direct to grant ordinary leave of 28 days without escort to petitioner's husband, the prisoner, Shankaranarayanan, S/o.Late.Paramatevar bearing LCT.No.3833 (PID.No.29920) serving life sentence at Palayamkottai Central Prison.

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For Petitioner : Mr.R.Narayanan 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 order dated 13.03.2025, passed by the first respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.

2. The learned counsel for the petitioner would submit that the Probationary Officer as well as the police have recommended the case of the detenu. He would further submit that earlier the detenu had gone on leave for 5 times and during such time, no untoward incident had happened and he seeks for ordinary leave for a period of 28 days. The said request was considered and ordinary leave of 28 days with escort has been granted to the detenu. Challenging the said order, the petitioner has filed the present writ petition seeking ordinary leave for 28 days without escort.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the occurrence had happened within the limits of Page No.2 of 6

Palayamkottai and the victims family is residing at Palayamkottai and therefore, the first respondent has granted 28 days ordinary leave to the detenu with escort.

4. In reply, the learned counsel for the petitioner undertakes that the detenu will not enter into the limits of the Palayamkottai.

5. Taking into consideration the earlier release and during such time no untoward incident had happened and also taking into sympathetic and humanitarian consideration, this Court is inclined to grant ordinary leave for 28 days to the petitioner without escort.

6. In the result, (i) The writ petition is allowed.

(ii) The impugned order dated 13.03.2025 passed by the first respondent, is set aside.

(iii) The convict prisoner namely, Shankaranarayanan, S/o.Late.Paramatevar, LCT No.3833 (PID No.29920) now detained in the Central Prison, Palayamkottai, is granted ordinary leave for 28 days from 23.06.2025 to 20.07.2025 without escort. Page No.3 of 6

(iv) The convict prisoner shall be released from the prison at 5.00 p.m on 22.06.2025 and he shall return back to the prison at 10.00 a.m on 21.07.2025.

(v) During the said leave period, the convict prisoner shall not enter into the limits of Palayamkottai and he shall report before the Inspector of Police, Thatchanallur Police Station, Tirunelveli District, daily at 07.00 a.m., and 07.00 p.m, onwards without fail. (vi) 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.] 17.06.2025 Index : Yes / No : Yes / No am Note : Issue order copy on 19.06.2025 Page No.4 of 6

To:

1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.

3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.

Copy To The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

am ORDER MADE IN DATED : 17.06.2025 Page No.6 of 6