H. Jaheera v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.

H.Jaheera ... Petitioner/Daughter of the life convict -Vs1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2.The Superintendant of Prison, Central Prison, Trichy-620 020.

3.The Superintendant of Police, O/o.The Superintendant of Police, Tiruvarur District.

4.The Inspector of Police, Koradacheri Police Station, 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/327/2025-CA, dated 30.07.2025 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 father namely Haji Mohamed, S/o.Sikkandar Basha, life convict prisoner, PID No. 419257 confined at Central Prison, Trichy.

For Petitioner : Mr.K.A.S.Prabhu 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 30.07.2025 passed in No.RO.TRY/327/2025-CA by the first respondent granting 21 days ordinary leave with escort to the petitioner's father.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned Additional Public Prosecutor appearing for the respondents submitted that the victim resides in the same village viz., Koradacheri, the leave has been granted to him with escort. 4.The learned counsel appearing for the petitioner submitted that in respect of co-convict prisoner the same objection was raised. However, since the co-convict prisoner agreed to stay Saaliyamangalam Village, Papanasam Taluk, Thanjavur District and also agreed not to enter into Koradacheri Village, this Court had granted leave without escort. Hence, he seeks for modification of the order passed by the first respondent.

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5.Taking into consideration of the submission made by the learned counsel appearing for the petitioner and considering the purpose that the presence of the convict prisoner is required to arrange funds for medical treatment of the wife of the convict prisoner, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's father, without escort. 6.Accordingly the respondents are directed to grant 21 days ordinary leave to the petitioner's father without escort. 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. 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.] 19.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 25.08.2025 To 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

2.The Superintendant of Prison, Central Prison, Trichy-620 020.

3.The Superintendant of Police, O/o.The Superintendant of Police, Tiruvarur District.

4.The Inspector of Police, Koradacheri Police Station, Tiruvarur 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.

19.08.2025