Dhanalakshmi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.Crl(MD)No.288 of 2025 in W.P.M.P Crl.(MD)No.78 of 2025

1. Dhanalakshmi, ... Petitioner - Vs. -

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2. The Deputy Inspector General Of Prisons, Madurai Range, Madurai.

3. The Superintendent of Prison, Central Prison, Madurai.

4. The Superintendent of Police, Theni District.

... Respondents

Prayer :Writ of Certiorarified Mandamus calling for the records of the order passed by the 2nd respondent in No.636/Utha.2/2025 dated 15.06.2025 and quash same and consequently directing the 2nd and 3rd respondents to grant 21 days ordinary leave without escort to the petitioner's son namely Manikandan, S/o.Lakshmanan, convict Prisoner (C.P.No.6022) now confined under Central Prison, Madurai.

For Petitioner : Mr.S.Srikanth For Respondents : Mr.S.Ravi, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Challenge is made to the order granting 21 days ordinary leave with sufficient escort to the son of the petitioner. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 3.The case of the petitioner is that her son /convict prisoner is suffering from health ailment and that he had been taken to the hospital 10 times by jail authorities and the family members want to give care to him in his health challenges, thereby they have sought for leave without escort, whereas the authorities have granted 21 days leave with sufficient escort. Due to poor financial condition, they do not afford to stand for escorts.

4. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that this is the first time the convict prisoner is going on leave and therefore, ordinary leave may be granted to the convict prisoner with two escorts.

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 21 days ordinary leave to the petitioner's son with two escorts.

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

(i) The respondents are directed to grant 21 days ordinary leave to the petitioner's son, namely, Manikandan, S/o.Lakshmanan, convict Prisoner (C.P.No.6022) from 06.07.2025 to 26.07.2025. The convict prisoner shall be released from the prison on 05.07.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Madurai / third respondent, by 27.07.2025

at 10.30 a.m., (iii) Necessary escort shall be provided to accompany the convict prisoner.

(iv) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

(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, the connected miscellaneous petition is also closed 7.List the matter on 28.07.2025 "for reporting compliance". [A.D.J.C., J.] & [G.A.M., J.] 03.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 04.07.2025

To

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2. The Deputy Inspector General Of Prisons, Madurai Range, Madurai.

3. The Superintendent of Prison, Central Prison, Madurai.

4. The Superintendent of Police, Theni District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND G.ARUL MURUGAN , J.

Ns W.P.Crl(MD)No.288 of 2025 in W.P.M.P Crl.(MD)No.78 of 2025 03.07.2025