Nattar Devi 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.273 of 2025 and WMP(MD)No.72 of 2025 Nattar Devi ... Petitioner -Vs1.The Home Secretary, Government of Tamilnadu, 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, calling for records pertaining to the impugned proceedings in No.617/Utha.2/2025 dated 10.06.2025 issued by the second respondent and quash the same and consequently direct the respondents to grant
21 days of ordinary leave without escort to petitioner's brother namely Pacchai Perumal @ Pacchaikutty, S/o.Gunasekarapandian, PID No.409941. 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 10.06.2025, passed by the second respondent, grant of ordinary leave with escort, is under challenge in this writ petition.
2. The writ petitioner is the convict and for attending certain compelling family obligations, he has sought for twenty one(21) days ordinary leave to the convict.
3.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 one(21) days ordinary leave with escort has been granted to the convict.
4.The learned counsel appearing for the petitioner would submit that the Probationary Officer and the Local Police have recommended the case of the convict. He would further submit that the petitioner was earlier granted emergency leave and during the leave period, no untoward incident had happened 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 one days ordinary leave to the petitioner without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant twenty one(21) days ordinary leave to the petitioner/convict prisoner, Pacchai Perumal @ Pacchaikutty, S/o.Gunasekarapandian, PID No.409941, from 27.06.2025 to 17.07.2025. The convict shall be released from the prison on 26.06.2025 at 05.30 p.m.
(ii) He shall report back to the Superintendent of Prison,
Central Prison, Palayamkottai/ third respondent, by 18.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Eral Police Station, Thoothukudi District, 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. (vii) No costs. Consequently, connected miscellaneous petition is closed.
[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.273 of 2025 24.06.2025