Pushpa Rani v. The Deputy Inspector General Of Prison,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.284 of 2025 Pushpa Rani ... Petitioner -Vs1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o.The Superintendent of Police, Madurai 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 passed by respondent No. 1 in vz;.620/cj.2/2025 dated 12.06.2025 and quash the same as bad in law and further direct the respondent Nos.1 and 2 to grant ordinary leave without escort

for the period of 21 days to the petitioner's husband namely Sarath S/O.Ramaraj (CP.No.5748) (PID No:65115), who is life sentenced prisoner in a Murder case. For Petitioner : Mr.Komara For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 12.06.2025, passed by the first respondent, rejecting the petitioner's request for grant of ordinary leave without escort, is under challenge in this writ petition.

2. The writ petitioner's husband is the convict and for taking care of his wife during and after the delivery, 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.

4.The learned counsel appearing for the petitioner would submit that the Probationary Officer and the Local Police have recommended the case of the convict. He would further submit that the convict prisoner was granted emergency leave earlier without escort on seven occasions and during such time, no untoward incident had happened and hence, he prays for without escort. 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'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 husband/convict prisoner, Sarath S/O.Ramaraj (CP.No.5748) (PID No: 65115), from 29.06.2025 to 19.07.2025. The convict shall be released from the prison on 28.06.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison,

Central Prison, Madurai / second respondent, by 20.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Saptur Police Station, Madurai, 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.

7.List the matter on 28.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 26.06.2025 NCC : Yes / No Index : Yes / No vsg Note:Issue order copy on 27.06.2025

To 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

4.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.284 of 2025 26.06.2025