Kaleeswari v. The Director General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.595 of 2025 Kaleeswari ... Petitioner -Vs1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600 008 2.The Deputy Inspector General of Police, Vellore Rnage, Vellore.
3.The Superintendant of Prison, Vellore Central Prison, Vellore.
4.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to instruct the 3rd respondent to
consider the representation sent by the petitioner dated 16.07.2025 and grant 21 days emergency leave to the petitioner's husband Murugan @ Lodu Murugan, son of Ganesan, PID No.14680 convict prisoner confined at 3rd respondent prison. For Petitioner : Mr.G.Karuppasamy Pandian, for Mr.J.Vijayaraja For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to direct the second respondent to instruct the third respondent to consider the representation sent by the petitioner dated 16.07.2025 and grant 21 days emergency leave to the petitioner's husband viz., Murugan @ Lodu Murugan, son of Ganesan, PID No.14680 convict prisoner, who is confined at the third respondent prison.
2.The learned counsel appearing for the petitioner submitted that the petitioner, who is the wife of the convict prisoner, has sought for leave for her husband to visit his step mother, who is seriously ill. The learned counsel further submitted that pending this application, the step mother has passed away today at about 10.30 a.m., and that the presence of the convict prisoner is very much
required to perform the final rites of his step mother. The learned counsel further submitted that though she is the step mother, she was taking care of the convict prisoner from two years of age and that she is like a mother to him and thereby, leave has been sought for.
3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the convict prisoner is a A++ history sheeter, against whom 26 cases are pending before various police stations and out of which 6 are murder cases, 2 are attempt to murder cases, 7 are robbery cases, 7 are drug cases and 2 are for offences under the Prison Act. The learned Additional Public Prosecutor further submitted that though the convict prisoner is the resident of Madurai, taking into consideration the antecedent and his involvement in various cases, the respondent police has raised serious objection for granting leave to the petitioner's husband.
4. The petitioner has sought for 21 days emergency leave to her husband. Pending petition it is now reported that the convict prisoner's step mother had passed away and he has to do his last rites. Though serious objection has been raised rules does not denude the powers of this Court for grant of leave for attending the final rites.
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 respondents to grant one day emergency leave to the petitioner's husband, with sufficient 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, Murugan @ Lodu Murugan, son of Ganesan, PID No. 14680. The convict prisoner shall be taken from the prison on 23.07.2025 at 05.30 p.m.
(ii) He shall be brought back to the Superintendent of Prison, Vellore Central Prison, Vellore / third respondent at the earliest.
(iii) The convict prisoner shall be permitted to be in his village where the last rites are to be conducted between 09.00 a.m. and 06.00 p.m., on 24.07.2025 (iv) Necessary escort shall be provided to accompany the
convict prisoner.
(v) 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.
(vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs.
7.List the matter on 25.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 23.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 23.07.2025 To 1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison,
Veanals Road, Egmore, Chennai-600 008 2.The Deputy Inspector General of Police, Vellore Rnage, Vellore.
3.The Superintendant of Prison, Vellore Central Prison, Vellore.
4.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.
5.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.595 of 2025 23.07.2025