Vaijayanthi Mala v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.8895 of 2025 Vaijayanthi Mala
...Petitioner/ sister-in-law of the detenue
Vs.
1. The Home Secretary Home Department (prison), Secretariat, Fort St.George, Chennai 600009 2.The Deputy Inspector General Of Prisons Madurai Range, Madurai 625001 3.The Superintendent Of Prison, Central Prison, Palayamkottai 627007 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.225/Uth2/2024 by the 2nd respondent dated 21.02.2025 and quash the same and direct the 2nd respondent to grant 28 days ordinary leave, without escort to the petitioner's brother in law Sathish, s/o Sivakamu Reddiyar Convict
No.3367 PID No.17187, who is currently lodged in Central Prison Palayamkottai.
For Petitioner : Mr.P.M.Basil For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
This writ petition has been filed calling for the records relating to the proceedings in No.225/Uth2/2024 by the 2nd respondent dated 21.02.2025 and quash the same and direct the 2nd respondent to grant 28 days ordinary leave, without escort to the petitioner's brother in law Sathish, s/o Sivakamu Reddiyar Convict No.3367 PID No.17187, who is currently lodged in Central Prison Palayamkottai.
2. Heard the learned counsel on either side and perused the documents.
3.Pending the Writ Petition, the Jail Authorities have granted ordinary leave to the prisoner for a period of 28 days, with escort vide order No.225/cj.2/2024 dated 21.02.2025.
4.Learned counsel for the petitioner would submit that the prisoner is not in a position to afford for leave, with escort in view of his financial status.
5. In view of the Probation Officer's report, we do not find any reason as to why escort shall be provided for the prisoner since there is no threat to his safety. Accordingly, the order passed by the Jail Authorities in No.225/cj.2/2024 dated 21.02.2025, granting 28 days of ordinary leave, with escort is modified to leave, without escort commencing from 10.00 am on 05.04.2025 to 5 pm of 02.05.2025. However, there shall be a further condition that the convict prisoner shall report before the Inspector of police, Eppothumvenran Police Station, Thirunelveli District daily 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities. All other conditions imposed by the Jail
Authorities in the order shall remain in tact.
6. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 28.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 04.04.2025 Upload the order copy forthwith To
1. The Home Secretary Home Department (prison), Secretariat, Fort St.George, Chennai 600009 2.The Deputy Inspector General Of Prisons Madurai Range, Madurai 625001 3.The Superintendent Of Prison, Central Prison, Palayamkottai 627007
4.The Inspector of Police, Eppothumvenran Police Station, Thirunelveli District.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu and W.M.P.No.8895 of 2025 28.03.2025