Muthulakshmi v. The Director General Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.187 of 2025 Muthulakshmi ... Petitioner/ wife of the Convict -Vs1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625016.
3.The Superintendent of Prison, Madurai Central Prison, Madurai City-625016.
4.The Inspector of Police, Kovilaangulam Police Station, Ramanathapuram 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 second respondent vide his proceedings in No.132/uo.tha.2/2025, dated 15.04.2025 and quash the same as illegal and consequently, direct the second respondent to release the convict prisoner namely, Kalidoss, S/o.Senthurpandi, CP.No.5823, aged about 37 years on Parole for the period of 30 days ordinary leave or the period fixed by this Court.
For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to quash the impugned order passed by the second respondent vide his proceedings in No.132/uo.tha.2/2025, dated 15.04.2025 and consequently direct the second respondent to release the convict prisoner namely, Kalidoss, S/o.Senthurpandi, CP.No.5823, aged about 37 years on Parole for the period of 30 days ordinary leave.
2.The writ petitioner is the wife of the life convict, and she had sought 30 days of ordinary leave for taking care of her mother-in-law and their three girl children.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that though the Probationary officer stated that the reasons stated by the petitioner seeking ordinary leave are true, the local Police have not recommended to grant leave. He further submitted that on an earlier occasion, when the petitioner's husband was granted ordinary leave for 30 days without escort, he did not properly comply with the condition and did not return back to the jail within the stipulated time and thereby, the respondent has rejected the request of the petitioner. 4.Though the respondents have rejected the request of the petitioner, for ordinary leave it would not denude the powers to this Court to grant emergency leave.
5.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 without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondent is directed to grant 6 days emergency leave to the petitioner's husband namely, Kalidoss, S/o.Senthurpandi, CP.No.5823, from 19.07.2025 to 24.07.2025. The convict prisoner shall be released from the prison on 18.07.2025 at 05.30 p.m.
(ii) He shall report back to the The Superintendent of Prison, Madurai Central Prison, Madurai City-625016 /third respondent, by 25.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Kovilangulam
Police Station, Ramanathapuram District, everyday at 07.00 a.m and 07.00 p.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.
[A.D.J.C., J.] & [R.P., J.] 16.07.2025 NCC : Yes / No Index : Yes / No vsg Note:Issue order copy on 17.07.2025
To 1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625016.
3.The Superintendent of Prison, Madurai Central Prison, Madurai City-625016.
4.The Inspector of Police, Kovilaangulam Police Station, Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
vsg W.P.Crl(MD)No.187 of 2025 16.07.2025