Selvi v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Selvi ... Petitioner -Vs1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant 28 days ordinary leave without escort to the petitioner's son Johnson @ Jesu Johnson, S/o.Silvarstar, Convict No. 3427, PID No.16887, by considering the petitioner's representation dated 02.05.2025. For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) 1/4
Prayer in this writ petition is to direct the respondents to grant 28 days ordinary leave without escort to the petitioner's son viz., Johnson @ Jesu Johnson, S/o.Silvarstar, Convict No.3427, PID No.16887, by considering the petitioner's representation, dated 02.05.2025.
2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the representation of the petitioner may be considered and twenty eight(28) days ordinary leave with escort may be granted to the convict prisoner to attend the serious illness of his mother 3.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 convict prisoner to attend the serious illness of his mother.
4. Accordingly, the writ petition is disposed of with the following directions:
(i) (*)The respondents are directed to grant twenty days ordinary leave without escort to the petitioner's son namely, Johnson @ Jesu Johnson, S/o.Silvastar, Convict No.3427, PID No.16887 from 11.06.2025 to 09.07.2025. The convict prisoner shall be released from the prison at 5.00 p.m on 10.06.2025 and he shall return return back to the prison at 10.00 a.m on 2/4
09.07.2025.
(ii) the convict prisoner shall inform the prison authority about the convenient period for which he wants twenty eight days ordinary leave for the purpose of attending serious illness of his mother.
(iii) During the leave period, the convict prisoner shall appear before the Thoothukudi North Police Station, 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.
Sd/- 02/06/25 (*)Corrected as per order of this Court dated 09/06/2025 made in WP(MD)No. 14725 of 2025 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.
NS To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, 3/4
Chennai.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5.The Officer Incharge, Thoothukudi North Police Station, Thoothukudi District.
02.06.2025 AVK/09.06.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4