Hemalatha v. The Deputy Inspector General Of Prison

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.546 of 2025 Hemalatha ... 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: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records passed by the respondent No.1 in vz;.6256/jF.2/2025 dated 10.07.2025 and quash the same as bad in law and further direct the respondent Nos.1 and 2 to grant emergency leave for a period of 6 days to the petitioner's husband Madhavan

Mahesh, S/o.Gopal, C.P.No.6256 who is languishing in the Madurai Central Prison, by considering the petitioner's representation dated 02.07.2025. For Petitioner : DR.Lakshmi Prasanna For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Challenge is made to the order dated 10.07.2025 passed by the first respondent rejecting the emergency leave with sufficient escort to the husband of the petitioner.

2.The writ petitioner is the wife of the convict prisoner and for attending the ear piercing ceremony of her children, she has sought for emergency leave to the convict prisoner.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that ear-piercing ceremony is slated today and thereby the prayer has become infructuous.

4.The learned counsel appearing for the petitioner would submit that though the prayer has become infructuous, he may be permitted to attend the subsequent ceremonies in his home.

5.In view of the above, we are inclined to direct the respondents to grant one day emergency leave to the petitioner's husband to attend the function of ear piercing ceremony of his children, with single escort.

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

(i) The respondents are directed to grant one day emergency leave to the petitioner's husband, namely, Madhavan Mahesh, S/o.Gopal, C.P.No.6256, on 17.07.2025. The convict prisoner shall be released from the prison on 16.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Jail, Madurai / second respondent, by 18.07.2025 at 10.30 a.m., (iii) Necessary escort shall be provided to accompany the convict prisoner.

(iv) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

(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.

[A.D.J.C., J.] & [R.P., J.] 16.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 16.07.2025

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, Ramanathapuram 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.546 of 2025 16.07.2025