N.Jayalakshmi v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P.(Crl.)No.145 of 2025 W.P.M.P.No.68 of 2025.

N.Jayalakshmi, W/o Narendrakumar ..Petitioner Vs.

1. The Home secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2. The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison -I, Puzhal, Chennai - 600 066.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the proceedings in No.596428/Thaku2/2024 by the 3rd respondent dated 30.12.2024 and quash the same and direct the 3rd respondent to grant 40 days ordinary

leave without escort to the petitioner's son Jeykumar S/o Narendrakumar (Convict No.2420, PID No.4671) who is currently confined in Central Prison, Puzhal-I, Chennai.

For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Gokulakrishnan, Addl. Public Prosecutor

ORDER

J.Nisha Banu,J.

S.Sounthar,J.

This Writ Petition has been filed challenging the order passed by the 3rd respondent dated 30.12.2024 and to grant 40 days leave without escort to the son of the petitioner/ Convict namely Mr.Jeykumar, S/o Narendrakumar (Convict No.2420, PID No.4671) confined at Central Prison, Puzhal-1, Chennai.

2. The petitioner herein is the mother of the detenu and she seeks for grant of 40 days of ordinary leave to her son to arrange funds for her medical treatment, to admit her in hospital and to arrange for financial needs of his destitue family. The detenu is in prison for more 20 years. 3.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 24.06.2025, wherein the Probation

Officer has stated that the reasons assigned by the petitioner are found to be true, however, he objected for grant of leave stating that only in July 2024, he was granted 40 days leave.

4. The learned Additional Public Prosecutor further submitted that the petitioner's son namely, Jeykumar, S/o Narendrakumar was convicted under Sections 376 and 302 IPC and therefore, he opposed for granting leave to the convict.

5. Heard the learned counsel on either side and perused the documents.

6. Even though the Additional Public Prosecutor has objected for grant of leave to the petitioner's son, in exercise of powers under Article 226 of the Constitution of India and keeping in line with the decision of the Hon'ble Supreme Court in 'Dadu alias Tulsidas Vs. State of Maharashtra' reported in '(2000) 8 SCC 437', this Court is inclined to grant leave for a period of 20 days to the convict as this Court is convinced with the reasons stated by the petitioner in the affidavit filed in support of the petition.

7. Accordingly, the impugned order dated 30.12.2024 passed by the third respondent, is hereby quashed. Consequently, the convict viz., Jeykumar, S/o Narendrakumar (Covict No.2420, PID No.4671) confined at Central Prison, Puzhal-I, Chennai, is hereby granted ordinary leave for a period of 20 days, without escort, commencing from 23.09.2025 to 13.10.2025. On expiry of the leave, the convict shall surrender before the prison authorities on 14.10.2025 before 10.00 a.m.. During the period of leave, the prisoner shall report before the Inspector of Police, R5, Virugambakkam Police Station, Chennai, twice a week on Wednesday and Saturday at 10.30 a.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.

8. Accordingly, the Writ Petition is ordered in the above terms. No costs. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU, J.) (S. SOUNTHAR, J.) 19-09-2025 vsi Note: Issue order copy on 23.09.2025

To

1. The Home secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2. The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison -I, Puzhal, Chennai - 600 066.

4. The Inspector of Police, R5, Virugambakkam Police Station, Chennai

4. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

S. SOUNTHAR, J.

vsi W.P.(Crl.)No.145 of 2025 19-09-2025