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Madras High CourtWP Crl.(MD)/1762/2025dismissed

B.Maruthaiyya v. The State Of Tamilnadu, Rep. By The Secretary To The Government,

2025-10-16Honourable Mr Justice P.Velmurugan,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs. JUSTICE L.VICTORIA GOWRI WP Crl. (MD). No.1260 of 2025 B.Maruthaiyya ... Petitioner Vs

1. The State of Tamilnadu, Rep., By the Secretary to the Government,, Home (Prison Iv) Department, Secretariat, Fort.St. George, Chennai-600 009..

2. The Director General of Police and Inspector General of Prisons and Correctional Services,, Whannels Road, Egmore, Chennai-600 008..

3. The Deputy Inspector General, Of Prisons and Correctional Services,, Madurai Range, Madurai..

4. The Superintendent of the Prison, Central Prison, Madurai..

5. The State of Tamilnadu, Rep.,By its the Inspector of Police,, All Women Police Station,Rajapalayam, Virudhunagar District.

... Respondents 1/5

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant emergency leave for a period of 15 days to the petitioners Father, namely Balakrishnan S/o. Maruthakaruppan (CP 383968) aged about 59 years, confined at Madurai Central Prison as 7 year convict in order to attend the marriage of his son Dr.B.Kannan scheduled to be held on 19.10.2025. For Petitioner : Mr.B.Sargunam For Respondents : Mr.B.Nambiselvan Addl. Public Prosecutor

ORDER

(Order of the Court was made by P.VELMURUGAN,J.) The writ petition has been filed for a writ of mandamus directing the respondents to grant emergency leave for a period of 15 days to the petitioners Father, namely Balakrishnan S/o. Maruthakaruppan (CP 383968) aged about 59 years, confined at Madurai Central Prison as 7 year convict in order to attend the marriage of his son Dr.B.Kannan scheduled to be held on 19.10.2025.

2. Seeking emergency leave to attend the convict prisoner's daughter's son, which is scheduled to be held on 19.10.2025, the petitioner, who is the son of the convict prisoner, has given a 2/5

representation to the respondents. Since the said representation has not been considered so far, the petitioner is before this Court.

3. When the writ petition is taken up for hearing, by producing the proceedings of the 3rd respondent dated 15.10.2025, the learned Additional Public Prosecutor would submit that the representation of the petitioner has been considered and the 4th respondent has granted three days leave to the convict prisoner and it is for the prisoner to decide on which three days he can avail the said leave.

4. In view of the aforesaid submission made to the effect that the 4th respondent has already granted leave for a period of three days and considering the fact that the convict prisoner was convicted under the provisions of POCSO Act, this Court is not inclined to extend the leave granted by the authorities. Accordingly, the writ petition is dismissed. [P.V.,J] [L.V.G.,J] 16.10.2025 NCC : Yes/No Index : Yes/No RR 3/5

To 1.The Secretary to the Government,, Home (Prison Iv) Department, Secretariat, Fort.St. George, Chennai-600 009..

2. The Director General of Police and Inspector General of Prisons and Correctional Services,, Whannels Road, Egmore, Chennai-600 008..

3. The Deputy Inspector General, Of Prisons and Correctional Services,, Madurai Range, Madurai..

4. The Superintendent of the Prison, Central Prison, Madurai..

5. The the Inspector of Police,, All Women Police Station,Rajapalayam, Virudhunagar District.

6.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

4/5

P.VELMURUGAN, J.

AND L.VICTORIA GOWRI, J.

RR

ORDER

IN WP CRL.(MD) No.1762 of 2025 Date : 16.10.2025 5/5