Mary v. The Home Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.270 of 2025 Mary ... 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 Mandamus, directing the respondents to grant emergency leave without escort to the petitioner's husband Rebens Samuvelraj, son of Deva Asirvatham, PID No.286943.

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 police escort to the petitioner's husband namely, Rebens Samuvelraj, son of Deva Asirvatham, life convict, bearing Convict PID No. 286943 confined at Central Prison, Palayamkottai.

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 was considered and he has been granted emergency leave for three (3) days with escort to visit his bedridden mother. He has also produced the photocopy of the order dated 17.06.2023. 3.The learned counsel appearing for the petitioner would submit that earlier the convict was granted ordinary leave, pursuant to the order passed by this Court in W.P(MD)No.20284 of 2024 dated 05.09.2024, where an ordinary leave

was granted to the convict without escort and hence, he prays for leave 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 grant three(3) days emergency leave to the petitioner's husband to visit his bedridden mother without escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant three(3) days emergency leave to the petitioner's husband, namely, Rebens Samuvelraj, son of Deva Asirvatham, from 27.06.2025 to 29.06.2025.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai / third respondent, by 30.06.2025 at 10.00 am., (iii) During the leave period, the convict prisoner shall report before the Kallidaikurichi Police Station everyday at 7.00 a.m., and 7.00 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.

[A.D.J.C., J.] & [R.P., J.] 24.06.2025 NCC : Yes / No Index : Yes / No PJL Note: Issue order copy on 25.06.2025 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.

PJL W.P.Crl(MD)No.270 of 2025 24.06.2025