B.Kalaivani v. The Deputy Inspector General Of Prisons And Correctional Services
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.357 of 2025 and W.M.P(MD)No.97 of 2025 B.Kalaivani ... Petitioner/ Sister of the Life Convict -Vs1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
2.The Superintendent of Prison, Central Prison, Trichy-620 020.
3.The Superintendent of Police, O/o.The Superintendent of Police, Tiruvarur 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 1st respondent vide proceeding in No.RO.TRY/372/2025-CA
dated 17.06.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner's brother namely Vinoth, S/o.Vellinathan, life convict prisoner, PID NO.318280 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.S.Ravi, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 17.06.2025, passed by the first respondent, rejecting the petitioner's request for grant of 21 days ordinary leave, is under challenge in this writ petition.
2.The writ petitioner is the brother of the life convict and for attending the marriage of his mother, he has sought for 21 days ordinary leave to the life 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 representation of the petitioner has been considered and 11 days emergency leave with escort has been granted to the life convict.
4.The learned counsel appearing for the petitioner submitted that the life convict was earlier granted ordinary leave by order of this Court dated 24.11.2025 in W.P(MD)No.1861 of 2025 wherein he was allowed to go without escort. Hence, he prays for ordinary leave 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 11 days emergency leave to the petitioner's brother without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant 11 days emergency leave to the petitioner's brother namely, Vinoth, S/o.Vellinathan, PID NO.318280, from 04.07.2025 to 14.07.2025. The convict prisoner shall be released from the prison on 03.07.2025 at 05.30 p.m.
(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / fourth respondent, by 15.07.2025 at 10.30 am.,
(iii) During the leave period, the convict prisoner shall appear before the Needamangalam Police Station, Tiruvarur District, everyday at 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. Consequently, the connected miscellaneous petition is also closed.
7.List the matter on 16.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 01.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 02.07.2025
To 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
2.The Superintendent of Prison, Central Prison, Trichy-620 020.
3.The Superintendent of Police, O/o.The Superintendent of Police, Tiruvarur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns W.P.Crl(MD)No.357 of 2025 and W.M.P(MD)No.97 of 2025 01.07.2025