Madras High Court

Kaladevi vs Deputy Inspector General Of Prison on 14 May, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                                 W.P.No.14675 of 2025
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                                  THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 14.05.2025
                                                           CORAM:
                               THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                                 AND
                             THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                   W.P.No.14675 of 2025


                     Kaladevi                                                                ...Petitioner

                                                                Vs.

                     1.Deputy Inspector General of Prison,
                       Coimbatore Range,
                       Coimbatore.

                     2.The Superintendent of Prison,
                       Central Prison,
                       Salem.

                     3. The Inspector of Police,
                        Kolathur Police Station,
                        Mettur Taluk,
                        Salem District.
                        (Cr. No.68 of 2019)                                            ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, or order of direction in the nature of a
                     writ directing the respondents 1 and 2 to grant ordinary leave of 30 days to
                     the convict prisoner Nachimuthu (M/59), S/o. Nachiyappa Gounder, Convict
                     Prisoner No.169494 who is lodged at Central Prison, Salem to make
                     1/5




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                                                                                                 W.P.No.14675 of 2025
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                     arrangement and participate in the marriage of his daughter Selvi.N.Dharini
                     with R.Murugesan @ Dinesh scheduled to be held on 08,06.2025 i.e. 15
                     days before marriage and 15 days after marriage.


                                    For Petitioner           : Mr.V.Elangovan
                                    For Respondents          : Mr.P.Muniyapparaj,
                                                               Additional Public Prosecutor
                                                                 *****
                                                                   ORDER

(Judgment of the Court was delivered by G.R.SWAMINATHAN,J.)

Heard both sides.

2. The petitioner’s husband was convicted for the offence under

Section 302 IPC and sentenced to undergo life imprisonment vide judgment

dated 20.06.2022. The appeal is still pending.

3. Since three years from the date of conviction is yet to expire, the

petitioner's husband is not entitled to Ordinary leave. He is entitled to

Emergency Leave only. The wedding of the petitioner’s daughter is to be

held on 08.06.2025. Considering these aspects, we direct the first

respondent to grant 15 days Emergency Leave for the prisoner. The prisoner

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shall be released without escort at 10.00 a.m. on 01.06.2025, he shall return

to the prison at 5.00 p.m. on 15.06.2025.

4. The prisoner shall report before the third respondent daily at 5.00

p.m. except on the date of wedding. The prisoner shall confine his

movement to the limits of Salem District.

5. The Writ Petition is allowed accordingly. There shall be no order as

to costs.

                                                                                      (G.R.S., J.)     (V.L.N., J.)
                                                                                               14.05.2025

                     jv/dsa
                     Index             : Yes / No
                     Neutral Citation : Yes / No

Speaking order / Non-Speaking order

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