Selvarani v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.338 of 2025 Selvarani ... 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, Ramanathapuram District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records passed by the Respondent No.1 in No.1076539/Tha.Ku.2/2025 dated 14.06.2025 and quash the same as bad in law and further directing the respondents 1 & 2 to grant emergency leave without escort to petitioner's husband namely Kaleeswaran,

S/o.Karumegam, C.P.No.2131 who is languishing in the Madurai Central Prison by consider the petitioner's representation dated 01.06.2025. For Petitioner : Mr.A.Karthika For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking to quash the order passed by the Respondent No.1 in No.1076539/Tha.Ku.2/2025 dated 14.06.2025 and quash the same as bad in law and further directing the respondents 1 & 2 to grant emergency leave without escort to the petitioner's husband namely Kaleeswaran, S/o.Karumegam, C.P.No.2131 who is languishing in the Madurai Central Prison by consider the petitioner's representation dated 01.06.2025.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner's husband has been convicted for the offence under Section 5(m) 6 of POCSO Act

and 342 of IPC. The victim is 9 years old. The victim and the victim's family are residing in the same village and the Probationary Officer has not recommended the case of the petitioner's husband. Further, there are pending cases against the convict prisoner under the NDPS Act. The first respondent has rightly rejected the request of the petitioner and no interference is required.

4. Considering the facts and circumstances of the case and also considering the fact that the victim girl is 9 years old girl, the victim and the victim's family are residing in the same village, we are not inclined to interfere with the order of the first respondent and hence, this petition is dismissed. [A.D.J.C., J.] & [R.P., J.] 30.06.2025 NCC:Yes/No Index:Yes/No am

To 1.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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

3.The Superintendent of Police, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

am W.P.Crl.(MD)No.338 of 2025 30.06.2025