A. Auxciliya v. The Deputy Inspector General Of Prisons And Correctional Services,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.CRL(MD)No.193 of 2025 A.Auxciliya ... Petitioner vs.

1. The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2. The Superintendent of Prison, O/o. Central Prison, Trichy-620 020.

3. The Superintendent of Police, O/o. The Superintendent of Police, Thanjavur 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 relating to the impugned order passed by the 1st respondent vide proceedings in No.RO.TRY/411/2025-CA Dated 17.07.2025 and quash Page No.1 of 6

the same as illegal and consequently direct the 1st respondent to grant 28 days ordinary leave without police escort to the petitioner's husband namely, Murugan @ Duraimurugan, S/o.Ramu, Life Convict Prisoner, PID No.143292 confined at Central Prison, Trichy. For Petitioner : Mr.K.A.S.Prabhu For Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order passed by the 1st respondent dated 17.07.2025, granting 28 days of ordinary leave to the petitioner's husband / convict prisoner with escort, this writ petition is filed to quash the same, with a consequential direction to the respondents to grant such leave without escort.

2.

The learned counsel for the petitioner would submit that the petitioner's husband / convict prisoner has been incarcerated for nearly 6 years and 6 months and there has been no adverse report against him. Further, he had been released on 11 times on emergency leave without escort and after the leave period, he had returned back to the prison Page No.2 of 6

without any deviation and therefore, no useful purpose would be served in driving the convict prisoner to go on ordinary leave with escort. Therefore, the learned counsel would pray for setting aside the condition in the impugned order with regard to escort during the leave period. 3.

The learned Additional Public Prosecutor who takes notice for the respondents, submitted that considering the request of the convict prisoner, the 1st respondent has passed the impugned order granting ordinary leave with escort. Therefore, there is no infirmity in the same warranting interference by this Court. 4.

Considering the submission made by the counsel for petitioner that the convict prisoner was released on earlier occasions without escort and that there is no adverse report regarding his conduct, we are inclined to modify the impugned order to the effect that the convict prisoner shall be granted ordinary leave for 28 days without escort, on the following conditions:

(i) The convict prisoner namely, Murugan @ Duraimurugan, son of Ramu (Convict Prisoner, PID No.143292) Page No.3 of 6

now detained in the Central Prison, Trichy, is granted ordinary leave for 28 days from 29.07.2025 to 25.08.2025, without escort. (ii) The convict prisoner shall be released from the Prison at 5.00 p.m on 28.07.2025 and he shall return back to the Prison at 10.00 a.m on 26.08.2025.

(iii) During the said leave period, the convict prisoner shall report before the Inspector of Police, Pappanadu Police Station, Thanjavur District, daily at 07.00 p.m., from 29.07.2025 onwards without fail.

(iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 5.

With the above direction, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [R.P., J.] 25.07.2025 Index : Yes / No Page No.4 of 6

Note to Registry:

Issue order copy on 28.07.2025.

bala To:

1. The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2. The Superintendent of Prison, O/o. Central Prison, Trichy-620 020.

3. The Superintendent of Police, O/o. The Superintendent of Police, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No.5 of 6

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 25.07.2025 Page No.6 of 6