Mary Irin v. The Home Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.254 of 2025 Mary Irin ... Petitioner/ -Vs1.The Home Secretary, Home Department (Prison) Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant emergency leave without escort to the petitioner's husband Jenosh Edwin, S/o.Christi, PID No.17784.
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.) Prayer in this writ petition is to direct the respondents to grant emergency leave without escort to the petitioner's husband Jenosh Edwin, S/o.Christi, PID No.17784.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.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 has been considered and three(3) days emergency leave with escort has been granted to the convict to attend the serious illness of his mother's.
4.The learned counsel appearing for the petitioner would submit that on earlier two occasions, the convict was permitted to go an emergency 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 three days emergency leave to the petitioner's husband without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant three days emergency leave to the petitioner's husband, namely, Jenosh Edwin, S/o.Christi, PID No.17784, from 26.06.2025 to 28.06.2025. The convict prisoner shall be released from the prison on 25.06.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai / third respondent, by 29.06.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear before the Manavalakurichi Police Station daily at 10.30 a.m., without fail.
(iv) The convict prisoner shall either execute a bond or deposit a sum of Rs.500/- before the prison authority along with one surety for a like sum.
(v) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs.
7.List the matter on 30.06.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 23.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 24.06.2025
To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns W.P.Crl.(MD)No.254 of 2025 23.06.2025