Rani v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.210 of 2025 Rani ... Petitioner -Vs1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, 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 Certiorarified Mandamus, to call for the records relating to the proceedings in No.541/Utha.2/2025 dated 19.05.2025 issued by the second respondent to quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort and conditions to the petitioner's husband Shanmugaraj, S/o.Velsamy, PID No.29153.
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.) The order dated 19.05.2025, passed by the second respondent, granting 28 days ordinary leave with escort, is under challenge in this writ petition.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the request of the petitioner has been considered and twenty eight (28) days ordinary leave with escort has been granted to the convict. 3.The learned counsel appearing for the petitioner would submit that the convict was earlier granted emergency leave on 22 occasions without escort and during such time, no untoward incident had happened and in that circumstances directing the convict prisoner to go on ordinary leave with escort is unnecessary and will not serve any purpose and hence, he prays for without escort.
4. 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 28 days ordinary leave to the petitioner's husband without escort.
5.Accordingly, the writ petition is allowed and the impugned order dated 19.05.2025 is set aside.
(i) The respondents are directed to grant 28 days ordinary leave to the petitioner's husband/convict prisoner, Shanmugaraj, S/o.Velsamy PID No.29153, from 23.06.2025 to 20.07.2025. The convict shall be released from the prison on 22.06.2025 at 05.30 p.m., (ii) She shall report back to the prison by 21.07.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Pavoorchatram Police Station, daily at 07.00 a.m., and 07.00 p.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 each 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.
[A.D.J.C., J.] & [R.P., J.] 18.06.2025 NCC : Yes / No Index : Yes / No am Note:Issue order copy on 20.06.2025 To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, 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.
am W.P.Crl(MD)No.210 of 2025 18.06.2025