Suganthi v. The Home Secretary, Home Department (Prison)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 669 of 2025 and W.P.M.P.No.308 of 2025

1. Suganthi W/o. Vinayagam, No.69/1, Mel Street, Athikuppam, Nemandhapuram, Vellore, Tamilnadu - 632103.

Appellant(s) Vs

1. The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai - 600009.

2.The Deputy Inspector General of Prison, Vellore, Vellore District.

3.The Superintendent of Prison, Vellore Central Prison, Vellore District .

Respondent(s)

PRAYER:- The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3 rd respondent in No.CP-VLR/1312/2025-R3(ASST) dated 30.07.2025, and quash the same and consequently, direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's husband namely, Vinayagam, S/o. Subramani, PID No. 663217, Convict Prisoner No.4820, presently lodged in the Central Prison, Vellore. For Appellant(s):

M/s. P. M. Basil For Respondent(s):

Mr. A. Gokularkrishnan Additional Public Prosecutor - - - - -

ORDER

J. NISHA BANU, J.

and S. SOUNTHAR, J.

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 3 rd respondent in No.CP-VLR/1312/2025-R3(ASST) dated 30.07.2025, and quash the same and consequently, direct the 3 rd respondent to grant 28 days ordinary leave without escort to the petitioner's husband namely, Vinayagam, S/o. Subramani, PID No. 663217, Convict Prisoner No.4820, presently lodged in the Central Prison, Vellore.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that the convict/husband of the petitioner is not eligible for grant of ordinary leave as he is undergoing Rigorous Imprisonment for a period of 10 years under Section 307 of I.P.C. and has not yet completed two years of his sentence.

3. Taking into consideration the present fact of the case, we are not inclined to entertain this Writ Petition for the present. Hence, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

(J.NISHA BANU J.) (S.SOUNTHAR J.) 26-09-2025 ASI To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai - 600009. 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.

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI W.P. Crl. No. 669 of 2025 and W.P.M.P.No.308 of 2025 26-09-2025