Citation : 2025 Latest Caselaw 7755 Mad
Judgement Date : 13 October, 2025
W.P.(Crl.) No.888 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(Crl.) No.888 of 2025
M.Jeyasudha, F/45 years
w/o Maruthupandian,
No.214/1 Murugan Kovil Street,
Pudukkuraipettai, Virudhachalam Taluk,
Cuddalore 606 003. ... Petitioner
-vs-
1. The Deputy Inspector General of Prison,
Vellore Range, Vellore 632 002.
2. The Superintendent of Prison,
Central Prison, Cuddalore 607 004. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus to call for the
records No.RO-VLR/618/2025-CAMP(A), dated 1.09.2025 passed by the
respondent No.1 and quash the portion ' with police escorts' in the impugned
order and consequently direct the respondents to grant 21 days ordinary
leave to the petitioner's husband namely Maruthupandiyan, Son of
Duraisamy, aged 50 years, (PID No.366486) convict prisoner No.16997,
now confined in the Central Prison, Cuddalore.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
W.P.(Crl.) No.888 of 2025
For Petitioner : Mr.P.Pugalenthi
For Respondents : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
*****
ORDER
(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the order passed by the
first respondent bearing No.RO-VLR/618/2025-CAMP(A), dated
01.09.2025, whereby, 21 days leave, with escort has been granted,
modifying the earlier order, which granted 21 days leave without escort.
2. It is the case of the petitioner that her husband Maruthupandiyan,
S/o Duraisamy, aged 50 years, PID No.366486 is the convict prisoner
No.16997 and he has been undergoing life imprisonment in connection with
judgment passed in S.C.No.3 of 2019 on the file of the Special Court for
SC/ST (POA) At cases, Cuddalore. The representation dated 12.08.2025
made by the petitioner, seeking grant of 21 days ordinary leave to her
husband, was considered by the authorities concerned, however, it was
modified by the first respondent, granting 21 days leave with escort.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
According to the petitioner, already, her husband was granted leave by this
court and he was released, without escort and he returned to prison without
any delay. It is contended by the petitioner that the petitioner's husband has
completed 3 1/2 years of his sentence and hence, the impugned order may
be quashed and 21 days ordinary leave may be granted to her husband
without any escort.
3. Learned Additional Public Prosecutor has specifically contended
that there is a life threat to the convict, if he is released without escort. He
further submitted that there is every possibility of law and problems and
absconding by the convict. Therefore, considering the report submitted by
the Inspector of Police, Virudachalam Police Station to the Superintendent
of Prison, leave was granted to the petitioner's husband with escort.
4. On perusal of records, it is seen that, earlier, the petitioner's
husband was granted ordinary leave by this court. The details are extracted
as under.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
Sl Order of this court No. of Period of leave
No made in days leave
granted
W.P.No.10132 of 2025, dated
1 5 20.04.2025 to 24.04.2024
18.04.2024
W.P.No.34224 of 2024 dated
2 21 29.11.2024 to 19.12.2024
25.11.2024
W.P.No.3120/2025 and
3 W.P.No.3433 of 2025 dated 6 21.02.2025 to 26.02.2025
02.07.2025
5. The only opposition raised by the State for granting leave without
escort is that, there is a life threat to the convict and there is every
possibility of law and order problem, if the convict is released without
escort. However, the learned Additional Public Prosecutor fairly submitted
that, in the earlier occasions, when the convict was released on leave, there
was no law and order problem. Therefore, considering the submission
made by the learned Additional Public Prosecutor, we are inclined to grant
leave for 21 days to the Convict.
6. Accordingly, we direct the respondents to grant leave to the
petitioner's husband / Life Convict, namely, Maruthupandiyan, Son of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
Duraisamy, aged 50 years, (PID No.366486) convict prisoner No.16997,
now confined in the Central Prison, Cuddalore for 21 days from
16.10.2025 to 05.11.2025 without escort, subject to the usual / other
conditions that may be imposed by the respondents. The Convict shall be
released from the prison at 10.00 a.m. on 16.10.2025 and he shall appear
before the Inspector of Police, Virudachalam Police Station, Virudachalam
Circle, and Cuddalore District on every Monday and Friday at 10.00
a.m. during the said leave period and return back to the prison on or before
05.00p.m. on 05.11.2025.
7. This Writ Petition is disposed of accordingly. No costs.
8. List this matter on 06.11.2025 for reporting compliance.
(J.N.B.J.,) (S.S,J.,)
13.10.2025
Index: Yes / No
Internet: Yes / No
Mst
Note: Issue order copy on 14.10.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
To:
1. The Deputy Inspector General of Prison, Vellore Range, Vellore 632 002.
2. The Superintendent of Prison, Central Prison, Cuddalore 607 004.
3. The Inspector of Police, Virudachalam Police Station, Virudachalam Circle, Cuddalore District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
J.NISHA BANU, J.
AND S.SOUNTHAR, J.
mst
13.10.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 06:46:23 pm )
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!