Mahalakshmi vs The Deputy Inspector General Of ...
2023 Latest Caselaw 9290 Mad

                                                                                           W.P.(MD).No.18413 of 2023

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                              DATED: 31.07.2023
                                                  CORAM
                                     THE HON'BLE MR JUSTICE M.S.RAMESH
                                                   AND
                                  THE HON'BLE MR JUSTICE M.NIRMAL KUMAR

                                                    W.P.(MD).No.18413 of 2023

        Mahalakshmi                                                   .. Petitioner/Wife of the Prisoner
                                                                Vs.
        1.The Deputy Inspector General of Prison,
          Madurai Zone,
          Madurai Central Prison,
          Madurai – 625 001.

        2.The Superintendent of Prison,
          Central Prison,
          Palayamkottai,
          Tirunelveli – 627 002.                                           .. Respondents

        PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of

        Certiorarified Mandamus, calling for records pertaining to the impugned order of the 1st

        respondent dated 05.04.2023 passed in No.835/Utha.2/2023 and quash the same and

        consequently directing the respondents to grant ordinary leave for 40 days without escort

        to petitioner's Husband, the convict prisoner, namely Sathish (a) Sadhasivaperumal, aged

        42 years, Convict No.3367, presently detained at Central Prison, Palayamkottai.

                                  For Petitioner            :   M/s.Lakshmi
                                                                for Mr.R.Narayanan
                                  For Respondents           :   Mr.A.Thiruvadikumar
                                                                Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis


        Page 1 of 6
                                                                                       W.P.(MD).No.18413 of 2023

                                                       ORDER

(Order of the Court was made by M.S.RAMESH,J.)

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. On the ground that the petitioner is unable to financially support her family, she

seeks for eligible ordinary leave for her husband, namely, Sathish @ Sadhasivaperumal,

aged about 42 years (Convict No.3367), who is presently detained at Central Prison,

Palayamkottai, without escort. The petitioner's request for ordinary leave for her husband

was rejected through the impugned order, dated 05.04.2023, by the first respondent herein.

Challenging the same, the present Writ Petition has been filed.

3. The learned Additional Public Prosecutor appearing for the respondents, on

instructions, submitted that the petitioner's husband is entitled for the ordinary leave for a

period of 21 days.

4. Under Rule 20 of the Tamil Nadu Suspension of Sentence Rules, 1982, a prisoner

shall be entitled for ordinary leave on various circumstances including, to make

arrangements for the livelihood of his family and for the settlement of life after release.

Rule 22(2)(b) provides for grant of ordinary leave for a period of 21 days for the prisoners,

who have been sentenced to imprisonment for a period exceeding five years but not more

than fourteen years.

5. In the instant case, the petitioner's husband was sentenced to imprisonment for a

period of ten years by the judgment dated 27.05.2015 passed in Spl.C.C.No.20/2014 on the

file of the Sessions Court, Mahalir Neethimandram, Thoothukudi. He has completed three https://www.mhc.tn.gov.in/judis

W.P.(MD).No.18413 of 2023

years of incarceration after conviction. In view of Rule 22(1)(a), he would be entitled for 21

days of ordinary leave. In the impugned order dated 05.04.2023, the first respondent

herein, had simply observed that the Probation Officer as well as the local Police have not

favourably recommended the case of the petitioner's husband for grant of ordinary leave

and therefore, rejected the same.

6. The learned Additional Public Prosecutor has produced the case file before this

Court today. A perusal of the same reveals that the Probation Officer, though has sought

for the views of the jurisdictional Police, the same has not been received by him and in this

background, he has prepared the report dated 18.03.2023. While perusing the report, it is

seen that the Probation Officer seems to have conducted an enquiry with regard to the

financial status of the petitioner and her family and by referring to the agricultural land

standing in the name of her father and that she is working as a coolie on daily wages of Rs.

250/-, the Probation Officer had come to the conclusion that the petitioner is in a financial

status to maintain herself and had refused to give a favourable report. After the Probation

Officer had given his report, the Sub Inspector of Police had sent a response to the first

respondent herein stating that if the petitioner's husband is granted ordinary leave, there is

likelihood that he would abscond.

7. We are not convinced in the reasoning adopted by the Probation Officer at the first

instance. Merely because the petitioner's father owns agricultural land, it does not mean

that the land would fetch an income and even so, the possibility of that income coming to a https://www.mhc.tn.gov.in/judis

W.P.(MD).No.18413 of 2023

married daughter, requires to be looked into. These aspects have not been addressed by

the Probation Officer at all. This apart, the Probation Officer has also referred to the

petitioner's income of Rs.250/- on daily wages basis, by working as a coolie. This fact itself

would indicate the financial status of the petitioner and substantiate that she is unable to

meet out the daily expenses of her family and therefore, she has undertaken the work of

coolie on daily wages basis.

8. Though the Sub Inspector of Police had not initially responded to the request of

the Probation Officer to render his views with regard to the grant of ordinary leave to the

petitioner's husband, thereafter, he seems to have responded to the communication of the

first respondent and stated that there is likelihood that the petitioner's husband might

abscond if he is granted ordinary leave. Such a vague statement would not suffice for

rejecting the petitioner's request. If such statements are being made by the concerned

jurisdictional Police, the same analogy will be applicable to all the convicts in prison and

therefore, the provision for grant of ordinary leave itself would be rendered futile. Thus,

the impugned order, rejecting the petitioner's request, cannot be sustained.

9. Accordingly, the impugned order, dated 05.04.2023, on the file of the first

respondent is quashed. Consequently, there shall be a direction to the first respondent

herein to forthwith pass orders granting ordinary leave to the petitioner's husband, namely,

Sathish @ Sadhasivaperumal, aged about 42 years (Convict No.3367), who is presently

detained at Central Prison, Palayamkottai, for a period of 10 days commencing from https://www.mhc.tn.gov.in/judis

W.P.(MD).No.18413 of 2023

02.08.2023, without escort, on condition that the petitioner's husband reports before the

Inspector of Police, Eppodhumvendran Police Station, Thoothukudi District, daily twice,

i.e., at 10.00 AM and 5.00 PM for the entire period of ordinary leave. The first respondent is

also at liberty to impose any other reasonable conditions while granting ordinary leave. On

expiry of the ordinary leave period, the petitioner's husband shall surrender and report

before the first respondent herein before 5.00 PM of the expiry date.

10. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.

Sd/-

Assistant Registrar(CS I) // True Copy //

01/08/2023 Sub Assistant Registrar(CS)

Lm

To

1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai – 625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli – 627 002.

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

https://www.mhc.tn.gov.in/judis

W.P.(MD).No.18413 of 2023

Copy to:

Th e Inspector of Police, Eppodhumvendran Police Station, Thoothukudi District.

W.P.(MD).No.18413 of 2023 31.07.2023 SI(01.08.2023) 6P/ 5C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

https://www.mhc.tn.gov.in/judis