KAVITHA Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the petition is to quash the impugned order passed by the second respondent in No.135/Vu.tha.2/2026 dtd. 9/2/2026 and direct the respondents to grant ordinary leave for 40 days without escort to the detenu Chelladurai, S/o.Rajendran, aged about 40 years convict No.2260, PID No. 16980 confined at Central Prison, Palayamkottai

(2.) It is the case of the petitioner that her husband was convicted in S.C.No.107 of 2011 and sentenced to undergo life imprisonment for the offence under Sec. 302 of IPC by the Additional Sessions cum Fast Track Court No.II, Tirunelveli. Aggrieved over the same, the convict has not preferred an appeal . While being so, the petitioner being wife of the convict submitted representation seeking 40 days ordinary leave, however it was rejected by the second respondent on the ground that while on parole the convict absconded for three months, therefore considering his previous conduct the request made by the petitioner seeking ordinary leave was rejected.

(3.) The learned Additional Public Prosecutor, on instructions submitted that the husband of the petitioner has not completed 14 years of imprisonment and thereby he is not eligible for 40 days ordinary leave.