Ajithkumar v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.P.M.P.Crl.No.15 of 2025 Ajithkumar ... Petitioner Vs.
1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 3rd respondent in No.3073/ THAKU3/2025 dated 09.05.2025, and quash the same and direct the 3rd
respondent to grant 28 days ordinary leave without escort to the petitioner's father viz. Karthi @ Karthikeyan, S/o.Narasimhan, (PID No.167492, Convict No.3544), who is presently lodged at Central Prison, Vellore.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 3rd respondent in No.3073/ THAKU3/2025 dated 09.05.2025, and quash the same and direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's father viz. Karthi @ Karthikeyan, S/o.Narasimhan, (PID No.167492, Convict No.3544), who is presently lodged at Central Prison, Vellore. 2.Taking into consideration that the convict prisoner has undergone more than six years of imprisonment and has not granted any kind of
leave during the period of his imprisonment, we had directed the Probation Officer to verify about the financial status of the convict prisoner's family, for the purpose of finding out as to whether he could afford to pay for the escort.
3.The Probation Officer, through his report dated 11.06.2025, has stated that the convict prisoner's wife is a daily wager, who goes for three days work in a week and is paid Rs.300/- each day. He has also stated that his son is also employed in a private concern at Chennai and earning Rs.12,000/- per month.
4.In consideration of the income of the family, we are of the view that the family of the convict prisoner may not be in a position to afford to pay for the police escort. The Probation Officer in his report has also stated that if the convict prisoner is granted leave, no harm would be caused to himself or to any other person. Consideration of such a report, we are inclined to consider grant of leave for a period of 28 days. 5.This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent in No.3073/THAKU3/2025 dated
09.05.2025 is hereby set aside. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Karthi @ Karthikeyan, S/o.Narasimhan, (PID No.167492, Convict No.3544), commencing from 17.07.2025 to 13.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Arakkonam Taluk Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 14.08.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. No costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R, J.] [V.L.N, J.] 11.07.2025 kas Index: Yes / No Speaking / Non speaking Note: Issue Order Copy on 16.07.2025 To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George
Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District 4.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
kas and W.P.M.P.Crl.No.15 of 2025 11.07.2025