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Madras High CourtWP Crl.(MD)/1050/2025disposed of

Arokia Pamila v. The Deputy Inspector General Of Prison

2025-08-21Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.1050 of 2025 Arokia Pamila ... Petitioner/Wife of the Prisoner -Vs1.The Deputy Inspector General of Prison Madurai Zone, Madurai.

2.The Superintendant of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.

3.The Superintendant of Police, Office of the Superintendant of Police, Kanyakumari District, Nagercoil, Kanyakumari.

4.The Inspector of Police, Rajakkamangalam Police Station, Nagercoil, Kanyakumari District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 1st respondent dated 29.07.2025 in No.666/U.TA.2/2025 and quash the same and consequently modify the same by granting ordinary leave of 21 days without escort to the petitioner's husband, the prisoner namely Iyyappan, S/o.Selvaraj bearing CT.No.4393, PID No.15952, presently serving life sentence at Palayamkottai Central Prison.

For Petitioner : Mr.R.Narayanan 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 29.07.2025 passed in No.666/U.TA. 2/2025 by the first respondent granting 21 days ordinary leave with escort to the petitioner's husband.

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 request of the petitioner has been considered and 21 days of ordinary leave with escort has been granted to the convict prisoner to take treatment for his wife's ailments.

4.The learned counsel appearing for the petitioner submitted that already already the convict prisoner was granted emergency leave without escort and during such time, no untoward incident had happened and hence, he prays for without escort.

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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 take treatment for his wife, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's husband, without escort.

6.Accordingly the respondents are directed to grant 21 days ordinary leave to the petitioner's husband without escort. During the leave period, the convict prisoner shall appear before the Inspector of Police, Rajakkamangalam Police Station, Kanniyakumari daily at 07.00 p.m., and 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.] 21.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 25.08.2025 To 1.The Deputy Inspector General of Prison Madurai Zone, Madurai.

2.The Superintendant of Prison, Central Prison, Palayamkottai, Tirunelveli-627 002.

3.The Superintendant of Police, Office of the Superintendant of Police, Kanyakumari District, Nagercoil, Kanyakumari.

4.The Inspector of Police, Rajakkamangalam Police Station, Nagercoil, Kanyakumari 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.1050 of 2025 21.08.2025