B.Vijayalakshmi v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR B.Vijayalakshmi ... Petitioner -vs1. 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-1, Puzhal, Chennai-600 066.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the proceedings in No.63935/Thagu2/2025 dated 21.08.2025 by the 3rd respondent, quash the same and consequently direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's son Sasikumar, S/o.Baskar (Convict No.9593/PID No.56323), who is presently confined in the Central Prison, Chennai. For Petitioner : Mr.P.M.Basil 1/4
For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the portion of the order dated 21.08.2025 passed in No.63935/Thagu2/2025, whereby the Convict Prisoner was granted 21 days' Ordinary Leave with Police Escort.
2. Learned counsel for the petitioner submitted that the Convict Prisoner has been undergoing incarceration for the last 21⁄2 years and he has not indulged in any misbehavior during his incarceration in jail. He further submitted that he has not availed any leave so far. The grant of 21 days' Ordinary Leave by the 3rd respondent, to the Convict Prisoner 'with Police Escort' is highly erroneous and the same requires to be set aside.
3. Learned Additional Public Prosecutor has specifically contended that for security reasons, the Convict Prisoner was granted leave with Police Escort. However, he has fairly stated that the Convict is entitled to an ordinary leave of 21 days as on date.
4. Considering the fact that the Convict Prisoner did not avail 2/4
any kind of leave on earlier occasions and also the fact that his conduct was good throughout, we are of the view that the Convict Prisoner can be granted leave without Police Escort.
5. Accordingly, this Writ Petition is allowed and the portion of the order impugned herein, namely, 'with police escorts' alone stands set aside. We direct the respondents to grant leave to the petitioner's son / Convict Prisoner, namely, Sasikumar, S/o.Baskar (Convict No.9593/PID No.56323), who is presently confined in the Central Prison, Chennai for 21 days from 25.09.2025 to 17.10.2025 (by excluding the day on which the Convict is released from the prison and the day on which he surrenders before the Prison Authorities) without Escort Police, subject to the usual / other conditions that may be imposed by the respondents. The Convict shall be released from the prison at 10.00 a.m. on 25.09.2025 and he shall return back to the prison on or before 05.00p.m. on 17.10.2025. The Convict Prisoner shall report before the jurisdictional Police, viz., J-4, Kotturpuram Police Station, Chennai on every alternate days at 10.00am. J.NISHA BANU, J.
AND 3/4
S.SOUNTHAR , J.
ar
6. This Writ Petition is disposed of accordingly. No costs. List this matter on 22.10.2025 for reporting compliance. (J.N.B.J.,) (S.S,J.,) 22.09.2025 Index: Yes / No Internet: Yes / No ar 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-1, Puzhal, Chennai-600 066.
4. The Inspector of Police, J-4, Kotturpuram Police Station, Chennai.
4. The Public Prosecutor, High Court, Madras.
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