Devi v. The Secretary To Government

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.519 of 2025 and W.M.P.Crl.(MD).No.144 of 2025 Devi ... Petitioner/ wife of the Convict -Vs1.The Secretary to Government, Home Department (prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Deputy Inspector General of Prisons, Prison and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police, Theni 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 of the order passed by the second respondent in No.626/c.j.2/2025 dated 02.07.2025 and quash the same and consequently, directing the second and third respondents to grant 21 days ordinary leave to the petitioner's husband namely Ramesh S/O.Ramar convict prisoner (PID No.19008) herein without escort. For Petitioner : Mr.S.Srikanth 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 passed by the second respondent in No.626/c.j.2/2025 dated 02.07.2025 and consequently, direct the second and third respondents to grant 21 days ordinary leave to the

petitioner's husband namely Ramesh S/O.Ramar convict prisoner (PID No.19008) herein without escort.

2.The writ petitioner is the wife of the life convict and for renovating her house, she 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 respondent, on instructions, submitted that since the local police had objected granting leave to the petitioner's husband, the petitioner's husband has been granted leave for 21 days with escorts. 4.In reply, the learned counsel appearing for the petitioner submitted that the second respondent recently granted ordinary leave to the petitioner's husband on 14.07.2025 for three days without any escort and as per the condition, he has to return back to the jail on 18.07.2025. He further submitted that he is eligible for 21 days of ordinary leave. Hence, he prays for emergency 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 respondent to grant 21 days ordinary leave to the petitioner's

husband without escort.

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

(i) The respondent is directed to grant 21 days ordinary leave to the petitioner's husband namely, Ramesh S/O.Ramar (PID No.19008) from 22.07.2025 to 11.08.2025. The convict prisoner shall be released from the prison on 21.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Madurai / third respondent, by 12.08.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Chinnamanur Police Station, Theni 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 writ miscellaneous petition criminal is closed.

[A.D.J.C., J.] & [R.P., J.] 16.07.2025 NCC : Yes / No Index : Yes / No vsg Note:Issue order copy on 18.07.2025 To 1.The Secretary to Government, Home Department (prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Deputy Inspector General of Prisons, Prison and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police, Theni District.

5.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.519 of 2025 and W.M.P.Crl.(MD).No.144 of 2025 16.07.2025