Arulraj v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.10781 of 2025 Arulraj ... Petitioner -Vs1.State of Tamil Nadu, Rep by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.
2.The Director General of Prisons and Correctional Services, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Central Prison Campus, New Jail Road, Madurai 625 016 4.The Superintendant of Prison, Madurai Central Prison, Madurai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 14.03.2025 in No.1264/Thaku2/2025 on the file of the 4th respondent and quash the same as illegal and consequently direct the respondents to grant ordinary leave of 15 days for the petitioner's father namely Arockiasamy, son of Chinnaraj @ Jesuraj LCT No.5457, aged 62 years confining at Madurai Central Prison as life convict.
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 14.03.2025, passed in No.1264/Thaku2/2025 by the fourth respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.
2. The writ petitioner is the son of the life convict and to make necessary arrangements for partition in respect of his father's property, he has sought for twenty eight(28) days ordinary leave to the life convict. 3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the representation of the petitioner
has been considered by the Prison Authority, second respondent herein and the petitioner has been allowed to go on ordinary leave for a period of 28 days with escort.
4.The learned counsel appearing for the petitioner would submit that the petitioner is aged about 62 years and on earlier occasion, he was allowed to go on leave without escort and hence, he prays for without escort. 5.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant twenty eight days ordinary leave to the petitioner's father without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant twenty eight days ordinary leave to the petitioner's father, namely, Arockiasamy, S/o.Chinnaraj @ Jesuraj, LCT No.5457, from 12.06.2025 to 09.07.2025. The life convict shall be released from the prison on 11.06.2025 at 05.00 p.m.
(ii) He shall report back to the Superintendent of Prison, Central Prison, Madurai / fourth respondent, by 10.07.2025 at 10.00 am., (iii) During the leave period, the convict prisoner shall appear before the Sanarpatti Police Station, Dindigul District, everyday at 06.30 p.m., without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) No costs.
7.List the matter on 11.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 10.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 11.06.2025
To 1.State of Tamil Nadu, Rep by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.
2.The Director General of Prisons and Correctional Services, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Central Prison Campus, New Jail Road, Madurai 625 016 4.The Superintendant of Prison, Madurai Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns W.P.(MD)No.10781 of 2025 10.06.2025