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Madras High CourtWP Crl.(MD)/2623/2025disposed of

Vinotha v. The Deputy Inspector General Of Prisons And Correctional Services

2025-12-18Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Vinotha ... Petitioner -vs1. The Deputy Inspector General of Prison and Correctional Services, Trichy Range, Race Course Roadm Trichy

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

3. The Superintendent of Police O/o. The Superintendent of Police

4. The Inspector of Police Peralam Police Station, ..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 first respondent vide proceedings in No.RO.TRY/439/2025CA dated 09.11.2025 and quash the same as illegal and consequently direct the first respondent to grant 21 days ordinary leave without police escort to the petitioner's husband namely Sathish, S/o.Govindhan,,Convict Prisoner PID No. 111331 confined at Central Prison, Trichy For Petitioner :

Mr.K.A.S.Prabhu For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the first respondent vide proceedings in No.RO.TRY/439/2025-CA dated 09.11.2025 and direct the first respondent to grant 21 days ordinary leave without police escort to the petitioner's husband namely Sathish, S/o.Govindhan,,Convict Prisoner PID No.111331 confined at Central Prison, Trichy

2. It is the case of the petitioner that her husband was convicted by the learned Principal District and Sessions Judge, Tiruvarur District, by Judgment dated 29.08.2019 in S.C.No.39 of 2018 for the offences under Section304 (I) of IPCand he was sentenced to undergo six year rigorous imprisonment. The convict has also preferred an appeal before this Court in Crl.A.No.258 of 2020 and the same was also confirmed by this Court. The petitioner, who is the wife of the convict, submitted an application seeking ordinary leave for her husband for a period of 21 days. After considering the request made by the petitioner, the first respondent granted ordinary leave to the petitioner's husband with escort. The petitioner is being a poor family, he could not afford cost for the escorts.

3. In view of the above, the condition imposed in the order dated 09.11.2025 directing the petitioner's husband to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's husband is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fourth respondent police

daily at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period.

4. Accordingly, the order of the first respondent dated 09.11.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. [G.K.I., J.] [R.P., J.] 18.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1. The Deputy Inspector General of Prison and Correctional Services, Trichy Range, Race Course Roadm Trichy

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

3. The Superintendent of Police O/o. The Superintendent of Police

4. The Inspector of Police Peralam Police Station,

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 18.12.2025