← Library
Madras High CourtWP Crl.(MD)/1186/2025disposed of

R.Saranya v. The Deputy Inspector General Of Prisons And Correctional Services

2025-08-28Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.1186 of 2025 R.Saranya ... Petitioner/ Daughter of the convict -Vs1.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, A.A.Road, Arasaradi, Madurai-625 016.

2.The Superintendent of Prisons, Central Prison, Arasaradi, Madurai-16.

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

4.The State of Tamil Nadu, Rep. by the Inspector of Police, Sedapatti Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a

Writ of Mandamus, to direct the respondent No.1 to grant 15 days emergency leave without police escort to the petitioner's father, namely, Ravichandran, son of Mokkachamy, PID No.307852, confined at Central Prison, Madurai on the basis of the petitioner's representation dated 21.08.2025. For Petitioner : Mr.P.Thanga Prithvi Rajan 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 respondents to grant emergency leave for 15 days without escort to the petitioner's father/convict namely, Ravichandran, son of Mokkachamy, PID No.307852, confined at Central Prison, Madurai by considering the petitioner's representation dated 21.08.2025.

2. The writ petitioner is the daughter of the convict and she has sought for 15 days emergency leave to the convict prisoner/her father for attending her marriage scheduled to be held on 29.08.2025.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that

the respondents taking into consideration that the petitioner's father has been convicted for the offence under NDPS Act and further two more cases are pending under the NDPS Act against the convict, rejected the request of the petitioner.

4. Though there is a bar under Rule 35 of Tamil Nadu Suspension of Sentence Rules to grant of leave to the convict prisoner, it would not denude the powers of this Court to grant emergency leave.

5. Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave is sought for, we are inclined to direct the respondents to grant three(3) days emergency leave to the petitioner with single escort.

6. Accordingly, the respondents are directed to grant emergency leave to the convict prisoner/petitioner's father for three(3) days with single escort. The convict prisoner shall be released from the Central Prison, Madurai, on today (28.08.2025) at 6.00 p.m. and he shall report back to the Superintendent of Prison, Central Prison, Madurai / second respondent, by 01.09.2025 at 10.30 a.m.,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.

7.With the above direction, this Writ Petition stands disposed of. No costs.

[A.D.J.C., J.] & [R.P., J.] 28.08.2025 NCC : Yes / No Index : Yes / No PJL Note:Issue order copy on 28.08.2025.

To 1.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, A.A.Road, Arasaradi, Madurai-625 016.

2.The Superintendent of Prisons, Central Prison, Arasaradi, Madurai-16.

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

4.The Inspector of Police, Sedapatti Police Station,

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

PJL W.P.Crl(MD)No.1186 of 2025 28.08.2025