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2025 DAILYLAW 101222 (MAD)

KUPPUTHAI v. The State represented by its

WP Crl./883/2025 · 2025-09-19

J Nisha Banu, S Sounthar

Transfer Petitionbody2025

Judgment text

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W.P.Crl.No.883 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.Crl.No.883 of 2025 Kupputhai ... Petitioner / Sister of the detenue -vs- State Rep. by its 1. The Deputy Inspector General of Prison, Coimbatore Range, Central Prison Coimbatore, Coimbatore-641 018. 2. The Superintendent, Central Prison Coimbatore, Coimbatore-641 018. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to grant the ordinary leave for 40 days without escort to the detenue, Rajiv Gandhi @ Marimuthu, S/o.Manoharan, aged about 39 years, C.T.No.19266, PID No.21497, detained at Central Prison, Coimbatore. For Petitioner : Mr.S.Manoharan For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor ***** C O M M O N O R D E R 1/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.883 of 2025 (By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents to grant the ordinary leave for 40 days without escort to the detenue, Rajiv Gandhi @ Marimuthu, S/o.Manoharan, aged about 39 years, C.T.No.19266, PID No.21497, detained at Central Prison, Coimbatore. 2. The case of the petitioner is that she is the sister of the detenue, Rajiv Gandhi @ Marimuthu, S/o.Manoharan, who is a Life Convict and she got separated from her husband. She has been living with her son studying 10th standard and mother. Since her mother has eye problem, she has to immediately undergo treatment, for which, the petitioner is unable to mobilize funds. Therefore, she seeks to grant to leave to her brother / detenue in order to arrange for funds for the treatment of their mother. It is further case of the petitioner that she has submitted a representation dated 07.08.2025 to the respondents in this regard and there is no positive response from them. Hence, the petitioner is before this Court. 3. Learned Additional Public Prosecutor states that a reasonable time may be granted to the respondents to take a decision on the representation of the petitioner. 2/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.883 of 2025 4. Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation dated 07.08.2025 of the petitioner and take a suitable decision thereon in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the decision to be taken shall be communicated to the petitioner within one week thereafter. No costs. (J.N.B.J.,) (S.S,J.,) 19.09.2025 Index: Yes / No Internet: Yes / No ar J.NISHA BANU, J. AND S.SOUNTHAR , J. ar 3/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.883 of 2025 To: 1. The Deputy Inspector General of Prison, Coimbatore Range, Central Prison Coimbatore, Coimbatore-641 018. 2. The Superintendent, Central Prison Coimbatore, Coimbatore-641 018. 3. The Public Prosecutor, High Court, Madras. W.P.No.883 of 2025 19.09.2025 4/4 https://www.mhc.tn.gov.in/judis