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Kanmaniselvi vs The Deputy Inspector General Of ...
2025 Latest Caselaw 7994 Mad

Citation : 2025 Latest Caselaw 7994 Mad
Judgement Date : 23 October, 2025

Madras High Court

Kanmaniselvi vs The Deputy Inspector General Of ... on 23 October, 2025

Author: N.Sathish Kumar
Bench: N.Sathish Kumar
                                                                                                    WP.Crl.No.1086 of 2025

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.10.2025

                                                            CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                               AND

                                  THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

                                                W.P.Crl.No. 22328 of 2021
            Kanmaniselvi                                                                     ... Petitioner
                                                  Versus
            1. The Deputy Inspector General of Prisions (DIG)
               Chennai Range
               Prison Head Quarters, Whannels Road
               Egmore, Chennai - 600 008

            2. The Superintendent of Prison
               Central Prison-1
               Puzhal, Chennai - 600 066                                                  .. Respondents

            Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a
            Writ of Certiorarified Mandamus, calling for the records No.33800/Tha Ku2/2025
            dated 02.06.2025 passed by the second respondent and quash the portion of the leave
            granted with condition of two sureies of Rs.500/- each executed before the Tahsildar,
            Perambur, Chennai and consequently direct the respondents to grant 28 days
            ordinary leave to the petitioner's brother Dhandapani, S/o.Janagiraman, aged 36
            years, convict prisoner, CT.No.6046, PID.No.33800, now confined in the Central
            Prison-1, Puzhal, Chennai – 66.

                      For Petitioner  :           Mr.P.Pugalenthi
                      For Respondents :           Mr.A.Gokulakrishnan
                                                  Additional Public Prosecutor

                                                          ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 06:19:47 pm )

The petitioner challenges the condition imposed while granting ordinary leave

to her brother one Dhandapani vide order dated 02.06.2025 passed by the second

respondent/Superintendent of Prison and also seeks for a consequential direction for

the respondents to grant 28 days ordinary leave to the petitioner's brother.

2. The petitioner's brother was convicted by the learned Sessions Judge,

Mahila Court, Chennai punishable under Section 302 of IPC and sentenced to life

imprisonment by judgment dated 28.09.2015. The petitioner's brother had made an

application for grant of 28 days of ordinary leave for the purpose of renovating the

damaged house and also for the treatment of the petitioner. The second respondent

vide impugned order had granted ordinary leave for 28 days and imposed the

condition execute the bond for Rs.500/- with two sureties each executed before the

Tahsildar, Perambur, Chennai. Challenging such condition imposed by the Prison

Authority, the petitioner has come up with the present petition.

3. Heard both sides and perused the materials placed on record.

4. At the outset, we are of the view that the condition imposed by the Prison

Authority is only nominal; what was required is only to execute Rs.500 with two

sureties each before the Tahsildar, Perambur, Chennai, ergo, we are of the view that

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 06:19:47 pm )

such condition imposed by the Prison Authority is not onerous. If at all the

petitioner's brother intends to avail leave, necessarily, he has to abide the condition

imposed by the Prison Authority for grant of such leave.

5. Such view of the matter, we do not find any merits in this petition and

accordingly, this petition stands dismissed. No costs.




                                                                                       (N.S.K., J.) (M.J.R., J.)
                                                            23.10.2025
            Index : yes/no
            Internet     : yes/no
            dhk
                                                                                     N. SATHISH KUMAR, J.
                                                                                                    and
                                                                                        M. JOTHIRAMAN, J.


                                                                                                              dhk

            To,

1. The Deputy Inspector General of Prisions (DIG) Chennai Range Prison Head Quarters, Whannels Road Egmore, Chennai - 600 008

2. The Superintendent of Prison Central Prison-1 Puzhal, Chennai - 600 066

3.The Public Prosecutor Madras High Court

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 06:19:47 pm )

23.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 06:19:47 pm )

 
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