Mageshwari v. The State Of Tamilnadu, The Secretary To Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.11.2025 CORAM :
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN and THE HONOURABLE Mrs. JUSTICE L.VICTORIA GOWRI and W.M.P.Crl.(MD).No.462 of 2025 Mageshwari ... Petitioner/Wife of the detenu vs.
The State represented by its 1.The Secretary to Government of Tamil Nadu, Home (Prison IV) Department, Secretariat of Tamil Nadu, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Trichy Range, Central Prison Trichy, Trichy- 620 020.
3.The Superintendent, Central Prison, Trichy, Trichy- 620 020.
4.The Superintendent of Police, Office of Superintendent of Police, Trichy - 620 020.
5.The Inspector of Police, E4 Police Station, Thillai Nagar, Trichy-620 018.
... Respondents PRAYER: Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus to call for the records pertaining to the vide impugned order No.Ro.TRY/497/2025, dated 05.09.2025, issued by the second respondent and quash the same and consecutively direct the respondents to grant ordinary leave of 30 days without escort to the detenue, Pandiyaraja S/o.Annadurai, aged about 29 years, Convict No.23829, confined at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor
O R D E R
(Judgment was made by P.VELMURUGAN. J.,) The petitioner, who is the wife of a convict prisoner bearing Convict No.23829, confined at Central Prison, Trichy, has filed the present writ petition seeking issuance of writ of Certiorarified Mandamus to challenge the impugned order passed by the second respondent dated 05.09.2025, in No.Ro.TRY/497/2025.
2. It is seen that the petitioner is the wife of the convict prisoner and the convict prisoner has been convicted under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/-.
3. The learned counsel for the petitioner would submit that the petitioner had sought ordinary leave for her husband/convict prisoner to make the financial arrangements for his sisters' marriage. However, without considering the same, the second respondent rejected the request of the petitioner. Thus, the learned counsel would pray for setting aside the impugned order and to grant emergency leave of 30 days without escort.
4. The learned Additional Public Prosecutor who takes notice for the respondents, submitted that the convict prisoner is not eligible for ordinary leave, since he has already availed leave and the cooling period is yet to be completed.
5. Though the rejection order passed on the ground that the convict prisoner is not eligible for ordinary leave, he has already availed leave and the cooling period is yet to be completed. 6.In view of the same, this Court does not find any perversity or reason to interfere with the order passed by the second respondent.
7. Accordingly, the Writ Petition Criminal stands dismissed. No costs. Consequently, the connected Writ Miscellaneous Petition Criminal stands closed.
(P.V., J) (L.V.G., J) 03.11.2025 Index : Yes/No Internet : Yes/No vsg
To, 1.The Secretary to Government of Tamil Nadu, Home (Prison IV) Department, Secretariat of Tamil Nadu, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Trichy Range, Central Prison Trichy, Trichy- 620 020.
3.The Superintendent, Central Prison, Trichy, Trichy- 620 020.
4.The Superintendent of Police, Office of Superintendent of Police, Trichy - 620 020.
5.The Inspector of Police, E4 Police Station, Thillai Nagar, Trichy-620 018.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
P.VELMURUGAN, J and L.VICTORIA GOWRI, J.
vsg 03.11.2025