Tamilselvi v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.597 of 2025 and W.P.M.P.Crl(MD)No.173 of 2025 Tamilselvi ... Petitioner/ Mother of the Prisoner -Vs1.The Deputy Inspector General of Prison, Madurai Zone, Madurai-625 016.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 007 3.The District Superintendent of Police, Tenkasi-627 811 ... 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 dated 02.03.2025 in 282/UTA.2/2025, passed by the first respondent and quash the same and consequently, direct the respondents to grant

ordinary leave for 40 days without escort to the detenue, Arun @ Arunkumar, S/o.Patchi @ Patchirajan bearing CT.No.3933, PID No.31712, serving life sentence at Palayamkottai Central Prison or any other appropriate order or direction directing the respondents to quash the impugned order and grant ordinary leave.

For Petitioner : Mr.R.Narayanan 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 02.03.2025 in 282/UTA.2/2025, passed by the first respondent rejecting the grant of ordinary leave to the petitioner's son.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that one case is pending against the petitioner's son an it is pending trial before the Additional Chief Judicial Magistrate, Madurai. The learned Additional Public Prosecutor further submitted that as per Rule 35 of Tamil Nadu Suspension of

Sentence Rule, the respondents have rejected the request of the petitioner's son. 4.Though the Rule 35 of Tamil Nadu Suspension of Sentence Rules prohibits to grant of leave to the convict prisoner, it would not denude the powers of this Court to grant emergency leave.

5.Taking into consideration of the submission made by the learned Additional Public Prosecutor and considering the purpose of the convict prisoner for attending serious illness of his mother, we are inclined to direct the respondents to grant six days emergency leave to the petitioner's son, with single escort.

6.Accordingly the respondents are directed to grant emergency leave for six days with necessary escort to the petitioner's husband, except the hearing dates. 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.

7.With the above direction, this Writ Petition stands disposed of. No

costs. Consequently, connected miscellaneous petition stands closed. [A.D.J.C., J.] & [R.P., J.] 22.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 23.07.2025 To 1.The Deputy Inspector General of Prison, Madurai Zone, Madurai-625 016.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627 007 3.The District Superintendent of Police, Tenkasi-627 811 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.597 of 2025 22.07.2025