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Madras High CourtWP Crl.(MD)/182/2025disposed of

J.Thenmozhi v. State Of Tamil Nadu,

2025-06-24Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.182 of 2025 Thenmozhi ... Petitioner/Wife of the Convict -Vs1.State of Tamilnadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Secretariat, Fort St.George, Chennai- 600 009.

2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy- 620 020.

3.The Superintendent of Prison, Central Prison, Trichy- 620 020.

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

5.The Superintendant of Police,

O/o. The Superintendant of Police, Perambalur 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 proceedings in No.RO.TRY/211/2025-CA dated 05.06.2025 and quash the same as illegal and consequently direct the respondents to grant 21 ordinary leave without police escort to the petitioner's husband namely, Jayakumar, S/o.Thirumalai, Convict Prisoner, PID No.40285 confined at Central Prison, Trichy. 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 05.06.2025, passed by the second respondent, rejecting the petitioner's request for grant of ordinary leave without escort, is under challenge in this writ petition.

2. The learned counsel for the petitioner would submit that the writ petitioner is the wife of the life convict prisoner namely, Jayakumar, S/o.Thirumalai. He would further submit that the petitioner is suffering from

uterus related problems and that she has to undergo surgery and there is nobody else to take care of her and thereby she has sought for ordinary leave for her husband. However, the respondents rejected the same. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that since the petitioner did not furnish sufficient medical records, the respondents have rejected the same. He would further submitted that the petitioner had furnished certain medical certificate in the typeset and this Court has directed the respondent police to verify with regard to the authenticity of the certificate and it is verified and found to be true and the Probationary Officer suggested that she needs emergency surgery.

4. Heard the learned counsel on either side and perused the documents. 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 twenty one days ordinary leave to the petitioner without escort.

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

(i) The respondents are directed to grant twenty one(21) days ordinary leave to the petitioner's husband/convict prisoner, Jayakumar, S/o.Thirumalai, Convict No.22502, confined at Central Prison, Trichy, on ordinary leave for a period of 21 days commencing from 27.06.2025 to 17.07.2025. The convict shall be released from the prison on 26.06.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy/ third respondent, by 18.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Thittakudi Police Station, Cuddalore, daily at 07.00 a.m., and 07.00 p.m., without fail.

(iv) The convict prisoner shall either execute a bond or deposit a sum of Rs.500/- before the prison authority along with one surety each for a like sum.

(v) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities,

(vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs.

[A.D.J.C., J.] & [R.P., J.] 24.06.2025 NCC : Yes / No Index : Yes / No PJL Note:Issue order copy on 25.06.2025 To 1.The Principal Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise (Prison-IV) Department, Secretariat, Fort St.George, Chennai- 600 009. 2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy- 620 020.

3.The Superintendent of Prison, Central Prison, Trichy- 620 020.

4.The Superintendent of Police, O/o.The Superintendent of Police, Cuddalore District. 5.The Superintendant of Police, O/o. The Superintendant of Police,Perambalur District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

PJL W.P.Crl(MD)No.182 of 2025 24.06.2025