Citation : 2025 Latest Caselaw 3217 Mad
Judgement Date : 25 February, 2025
2025:MHC:546
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MS JUSTICE R.POORNIMA
W.P(MD)No.4932 of 2025
Juliet Arokiya Vinnarasi Jesuraj ... Petitioner
.Vs.
1.The Deputy Inspector General of Prison,
Office of the Deputy Inspector General of Prison
and Correctional Services,
Madurai Range,Madurai Central Prison Campus,
New Jail Road,Madurai.
2.The Superintendent of Prison,
Central Jail, Madurai.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court for issuance of a Writ of Certiorarified
Mandamus directing the respondents to call for the records
1/7
https://www.mhc.tn.gov.in/judis
pertaining to the impugned order in No.E687364/Tha.Ku.2/2025,
dated 10.2.2025 and to quash the same as bad in law and further to
direct the respondents 1 and 2 to grant emergency leave without
escort for the period of 15 days to the Petitioner’s husband
namely Jeba @ Jebastin(CP.No.6379) who is languishing in
Madurai Central Prison as Life Convict by considering the
Petitioner’s representation, dated 24.01.2025.
For Petitioner : Dr.Lakshmi Prasanna
For Respondents : Mr.A.Thiruvadi Kumar
Addl.Public Prosecutor
ORDER
DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J
The wife of the life convict had sought for emergency leave
citing the ill-health of her husband’s father and to make
arrangements for her daughter’s education.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
https://www.mhc.tn.gov.in/judis
3.The request of the Petitioner been considered by the prison
authorities and the same was rejected on 10.02.2025 based on the
report received from the Probationary Officer and local Police.
The said rejection order is under challenge in the present Writ
Petition, seeking a Writ of Certiorarified Mandamus.
4.The learned counsel for the Petitioner states that the father
of the detenue is badly in need of his assistance due to his ill
health and the entire members of the family are now confined in
prison and therefore, emergency leave ought to have been granted.
Further, the report of the Probationary Officer and local Police
not been properly considered by the Superintendent of Prison,
Central Jail, Madurai.
5.The learned Additional Public Prosecutor appearing for
the respondents submit that due to animosity between two
groups, murder was committed and the husband of the Petitioner
been found guilty along with other accused and undergoing life
imprisonment. The appeal in respect of them in C.A.No.34 of 2024
https://www.mhc.tn.gov.in/judis is pending before this Court. The report of the jurisdictional Police
clearly reveals that Alex, brother of the convict for whom
Emergency Leave is sought is also a life convict and his life is at
risk at the hands of the rival groups.That apart, father of the life
convict Amulraj had some ailment, who was admitted as inpatient
for three days at Devi Sugam Nursing Home and got discharged
after three days and he is hale and healthy at present.
6.This Court, on perusing the impugned order finds that
due to rivalry between two groups, crime been committed and
the perpetrator of the crime are undergoing life imprisonment.
Further, the victim group who have the potential to take revenge
against the perpetrator of the crime appears to endanger the life
of the life convict/Jeba @ Jebastin and his brother Alex.Taking into
consideration the potential threat to Jeba @ Jebastin, this Court
holds that the order of the Jail Superintendent is backed by
reason, which needs no interference by this Court.
https://www.mhc.tn.gov.in/judis
7.As a result, the Writ Petition stands dismissed.
[G.J.,J.] [R.P.,J.] 25.02.2025
NCS : Yes/No Index : Yes / No Internet : Yes / No vsn
1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range,Madurai Central Prison Campus, New Jail Road,Madurai.
2.The Superintendent of Prison, Central Jail, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
Copy to
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn
JUDGMENT MADE IN
25.02.2025
https://www.mhc.tn.gov.in/judis
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