Perachi Selvi v. The Deputy Inspector General Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA WP Crl.(MD)No.567 of 2025 Perachi Selvi ... 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, Tirunelveli.
3.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli 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 pertaining to the impugned order in No.644/Utha.2/2025 dated 18.06.2025 issued by the Respondent No.1 and quash the same as illegal and further direct the Respondent
Nos.1 & 2 to grant ordinary leave without escort for the period of 30 days to the petitioner's husband namely Palanimurugan (CP No.4747) who is languishing in the Madurai Central Prison by considering the representation dated 21.12.2025. For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order in No.644/Utha.2/2025 issued by the first respondent, dated 18.06.2025 and further direct the direct the Respondent Nos.1 & 2 to grant ordinary leave without escort for the period of 30 days to the petitioner's husband namely Palanimurugan (CP No.4747) who is languishing in the Madurai Central Prison.
2. The case of the petitioner is that the petitioner's husband was in jail for 1 1/2 years, therefore, the petitioner and her children were facing difficulty financially without the support of anyone to take care of them. The petitioner's husband visit is very necessary to get the money for her son's education from his
friends and his relatives. Therefore, the petitioner had applied for ordinary leave for her husband without escort for a period of 30 days.
3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the first respondent has passed an order, dated 18.06.2025 granting 21 days ordinary leave to the petitioner's husband with escorts.
4. In reply, the learned counsel for the petitioner would submit that the petitioner hails from poor background and she find it very difficult to take care of her daily expenses and earlier the petitioner's husband gone on ordinary leave with escort and returned to the jail and there is no adverse finding. Under such circumstances, granting ordinary leave to the husband of the petitioner with escort cannot be justified and thereby would seek for modification of the order.
5. Heard the learned counsels on both sides and perused the materials available on record.
6. The petitioner has sent representation seeking ordinary leave for her husband and that ordinary leave has been granted to the petitioner's husband with
escort. It is the case of the petitioner that she hails from poor background and thereby she may not be able to afford expenses for the escort and that there is no justification for the same.
7. In such circumstances, this Court is of the opinion that imposing a condition to go on ordinary leave along with escort is without any justification. In view of the above, the condition imposed in the order dated 18.06.2025 directing the petitioner's husband to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's husband is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, Palayamkottai Taluk Police Station daily twice at 07.00 a.m., and 07.00 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period. 8.With the above modification, this writ petition is disposed of. NCC : Yes / No [A.D.J.C., J.] & [R.P., J.] Index : Yes / No 18.07.2025 am 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, Tirunelveli.
3.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
am WP Crl.(MD)No.567 of 2025 18.07.2025