Nachiyar v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Nachiyar ... Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, O/o. the Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 and 2 to grant ordinary leave for the period of 30 days 1/4

to the petitioner's son in law who is a convict prisoner namely Arumugam, S/o.Sudalaikannu (CP No.1302) by considering the petitioner's representation dated 11.12.2024. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner's son-in-law is undergoing ten years rigorous imprisonment in Central Prison, Madurai. The petitioner seeks ordinary leave for thirty days. It is stated that the petitioner's daughter / wife of the convict is suffering from mental bipolarity. Though the said reason does appeal to us, we are not inclined to show indulgence for the simple reason that the convict is having as many as 12 criminal cases to his credit. All of them are pending trial. Out of them, two have arisen under Section 302 IPC. Such a person may not be entitled to relief. We decline to grant relief.

2/4

3.This writ petition is dismissed accordingly. No costs. (G.R.S. J.,) & (R.P. J.,) 09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, O/o. the Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

3/4

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 09.01.2025 4/4