Vijaya v. The State Represented By Its, The Superintendent

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.404 of 2025 and W.M.P(MD)No.112 of 2025 Vijaya ... Petitioner/ Mother of the Life Convict prisoner -VsThe State represented by its, The Superintendent, Central Prison, Trichy-620 020.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.4554/Tha.Ku.4/2025, dated 02.06.2025, passed by the respondent and quash the same and consecutively direct the respondents to grant emergency leave for 6 days without escort to the detenue, Murugan S/o.Kannan, aged about 47 years, convict No.17351, detained at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondent : 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 bearing No. 4554/Tha.Ku.4/2025, dated 02.06.2025, passed by the respondent and consequently to direct the respondent to grant emergency leave for 6 days without escort to the detenue, Murugan S/o.Kannan, aged about 47 years, convict No. 17351, detained at Central Prison, Trichy.

2.The writ petitioner is the mother of the life convict and for attending her medical condition, she has sought for 6 days emergency leave to the life convict. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent, on instructions, submitted that the petitioner had sought emergency leave for her son to attend the petitioner's medical condition. However, no medical certificates have been furnished by the petitioner to show that his mother is critically ill. Hence, the respondent rejected the same.

4.However, he would submit that the documents enclosed by the petitioner would show that she was affected by pressure and sugar.

5.The learned counsel appearing for the petitioner submitted that the life convict was earlier granted ordinary leave by order of this Court dated 18.09.2024 in W.P(MD)No.17883 of 2024 wherein he was allowed to go without escort. Hence, he prays for emergency leave without escort. 6.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 respondent to grant 6 days emergency leave to the petitioner's son without escort.

7. 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 son namely, Murugan S/o.Kannan, convict No.17351, 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 Superintendent of Prison, Central Prison, Trichy / respondent, by 25.07.2025 at

10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Kuthalam Police Station, Mayiladathurai District, everyday at 10.30 a.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.

[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 Superintendent, Central Prison, Trichy-620 020.

2.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.404 of 2025 and W.M.P(MD)No.112 of 2025 16.07.2025