M. Aneesh Fathima v. The Deputy Inspector General Of Prisons And Correctional Services

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P Criminal (MD)No.858 of 2025 M.Aneesh Fathima ... Petitioner / Wife of Life Convict 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. the Central Prison, Trichy - 620 020.

3.The Superintendent of Police, O/o. the Superintendent of Police, Tiruvarur 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/329/2025-CA, dated 17.07.2025 and quash the same as illegal and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner's husband namely Mansoor Alikhan, S/o. Rukkun Basha, Life Convict Prisoner, PID.No.419259 confined at Central Prison, Page No.1 of 6

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.] The prayer in the writ petition is to call for the records relating to the impugned order passed by the 1st respondent vide proceeding in No. RO. TRY/ 329/2025-CA, dated 17.07.2025 and quash the same and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner's husband namely Mansoor Alikhan, S/o. Rukkun Basha, Life Convict Prisoner, PID.No.419259 confined at Central Prison, Trichy. 2.

The learned counsel appearing for the petitioner submits that the 1st respondent has granted leave to the convict prisoner namely the petitioner's husband to go along with the escort and now, the petitioner has sought for modification of the said condition.

3. Per contra, the learned Additional Public Prosecutor would submit that Page No.2 of 6

since the victim resides in the same village i.e., at Koradacheri, the leave has been granted to him with escort.

4. Now, the learned counsel appearing for the petitioner undertakes that the petitioner's husband will not enter into Koradacheri and he has decided to stay at Saaliyamangalam Village, Papanasam Taluk, Thanjavur District and hence, he may be permitted to go without escort and report before the Ammapettai Police Station, Thanjavur.

5. Considering the submission made by the learned counsel appearing for the petitioner, we are inclined to modify the order passed by the 1st respondent, dated 17.07.2025 as follows:

(i) The respondents are directed to grant twenty one days ordinary leave to the petitioner's husband, namely, viz., Mansoor Alikhan, S/o. Rukkun Basha, from 13.08.2025 to 02.09.2025. The convict prisoner shall be released from the prison on 12.08.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Page No.3 of 6

Prison, Central Prison, Trichy, 2nd respondent, by 03.09.2025 at 10.00 a.m.

(iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Ammapettai Police Station, Thanjavur everyday at 07.00 p.m., without fail. (iv) It is made clear that the petitioner's husband shall not enter into the jurisdiction of Koradacheri. (v) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

6. Accordingly, this Writ Petition is disposed of. No costs. [A.D.J.C., J.] [R.P., J.] 07.08.2025 Index : Yes / No : Yes / No trp Note: Issue order copy on 11.08.2025 Page No.4 of 6

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. the Central Prison, Trichy - 620 020.

3.The Superintendent of Police, O/o. the Superintendent of Police, Tiruvarur District.

4. The Inspector of Police, Ammapettai Police Station, Thanjavur

5. 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.

trp ORDER MADE IN W.P Criminal (MD)No.858 of 2025 DATED : 07.08.2025 Page No.6 of 6