Madras High Court
Balammal vs The Deputy Inspector General on 28 May, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
WP(MD). No.14742 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE Dr.JUSTICE L.VICTORIA GOWRI
WP(MD). No.14742 of 2025
Balammal ... Petitioner
Vs
1. The Deputy Inspector General,
Of Prison, Madurai Zone,
Madurai-625 016..
2. The Superintendent of Prison,
Central Prison, Palayamkottai,
Tirunelveli-627 002..
3. The Superintendent of Police,
Office of the Superintendent of Police,
Nagercoil.. ... Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the 1st
respondent to modify his order dated 24.03.2025 in No.360/UTHA.
2/2025 and to grant ordinary leave of 21 days without escort to
petitioners son, the prisoner, Siva Singh S/o.Mariyamicheal, CT.No.8219
(PID No.505940) in Palayamkottai Central Prison.
1/6
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WP(MD). No.14742 of 2025
For Petitioner : Mr.R.Narayanan
For Respondents : Mr.T.Senthilkumar
Addl. Public Prosecutor
ORDER
This writ petition has been filed seeking for a modification of the
order passed by the 2nd respondent in No.360/UTHA.2/2025 dated
24.03.2025, wherein, the ordinary leave of 21 days was granted to the
petitioner's son with police escort.
2. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the respondents.
3. The case of the petitioner is that her son was convicted for
offence under Section 376 IPC and was sentenced to undergo rigorous
imprisonment for seven years by the Assistant Sessions Judge,
Padmanabhapuram in SC No.246/2001 by judgment dated 15.10.2004.
The appeal filed against the said judgment was confirmed in Crl.A.No.
246/2001 by the Fast Track Mahila Court, Nagercoil, by judgment dated
22.07.2016, which was further confirmed by this Court in Crl.R.C.No.
849/2016 by order dated 09.03.2023. Presently, the petitioner's son is
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undergoing sentence at Palayamkottai Central Prison.
4. The petitioner submitted a representation before the first
respondent seeking for ordinary leave on the ground that she is aged
about 80 years and she is suffering from age related ailments and she
does not have sufficient finance to take medical treatment. Therefore,
the petitioner wanted help from her son, who is undergoing sentence.
5. The representation made by the petitioner was considered by the
first respondent and through order dated 24.03.2025, ordinary leave was
granted for 21 days with escort.
6. The grievance of the petitioner confines itself to the ordinary
leave granted with escort and the petitioner seeks for modification of the
same.
7. The learned Additional Public Prosecutor, on instructions,
submitted that there are objections from the side of the respondents for
modification of the condition since the case in hand involves a rape and
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that the victim is residing in the same village.
8. The first respondent has granted ordinary leave after getting
necessary report from the Probation Officer, Nagercoil and there is
nothing adverse reported against the petitioner's son. Therefore,
considering the purpose for which ordinary leave was granted, it may not
be necessary for an escort to accompany the petitioner's son during the
period of ordinary leave.
9. In the light of the above discussion, since the petitioner's son has
already undergone sentence for two years and in order to ensure that
nothing untoward takes place during the ordinary leave period, it will
suffice if the petitioner's son is directed to report before the Inspector of
Police, Thiruvattar Police Station, daily at 5.30 p.m. during the entire
period of ordinary leave. Other conditions imposed by the first
respondent shall stand as such.
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10. With the above modification and direction, the writ petition is
disposed of. No costs.
[N.A.V.,J] [L.V.G.,J]
28.05.2025
NCC : Yes/No
Index : Yes/No
RR
To
1. The Deputy Inspector General,
Of Prison, Madurai Zone,
Madurai-625 016..
2. The Superintendent of Prison,
Central Prison, Palayamkottai,
Tirunelveli-627 002..
3. The Superintendent of Police,
Office of the Superintendent of Police,
Nagercoil..
4.The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
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N.ANAND VENKATESH, J.
AND
L.VICTORIA GOWRI, J.
RR
ORDER
IN
Date : 28.05.2025
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