Rajakumari v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.582 of 2025 and W.P.M.P.Crl(MD)No.167 of 2025 Rajakumari ... Petitioner/ -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, Nagapattinam District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent in No.2849/jF.2/2025 dated 12.07.2025 and quash the same and consequently, directing the 2nd and third respondents to grant 15 days emergency leave to the petitioner's son namely Guna @ Gunasekaran, S/o.Kalimuthu (CP NO.3119).
For Petitioner : Mr.S.Srikanth 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 12.07.2025 passed in No.2849/jF. 2/2025 by the third respondent rejecting the 15 days for emergency leave without escort 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 the petitioner's father is said to have been suffering from Gastritis and the
presence of the convict prisoner may be required. Further the petitioner had already been convicted and sentenced to undergo10 years of rigorous imprisonment for being a possession of commercial quantity of contraband and apart from that, three cases are pending, which are similar in nature. As per Rule 35 of Tamil Nadu Suspension of Sentence Rules, 1982, the respondent has rejected the request of the convict prisoner. 4.Having heard the learned Additional Public Prosecutor and perused the records, we find that the respondent has rejected the request of the petitioner, since three cases are pending in which the convict prisoner is charged for having found in possession of commercial quantity of contraband. 5.In view of the above, We do not find any infirmity in the order passed by the third respondent. Hence, the Writ Petition stands dismissed. [A.D.J.C., J.] & [R.P., J.] 21.07.2025 NCC : Yes / No Index : Yes / No NS
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns 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, Nagapattinam District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.Crl(MD)No.582 of 2025 and W.P.M.P.Crl(MD)No.167 of 2025 21.07.2025