Maria Thangaraj v. The Home Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.312 of 2025 Maria Thangaraj ... 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 son Johnsingh S/o.Maria Thangaraj, LCT No.3652, PID No.59458.
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 son, viz., Johnsingh S/o.Maria Thangaraj, LCT No.3652, PID No.59458.
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 seeking emergency leave to the convict prisoner has been considered and emergency leave has been granted for 3 days with escort.
4.The learned counsel appearing for the petitioner would submit that o earlier occasions, the convict prisoner was granted ordinary leave, during such
time, the convict prisoner was permitted to go on leave without escort and hence, he prays for leave 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 son to attend the serious illness of his wife without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant six days emergency leave to the petitioner's father, namely, Johnsingh S/o.Maria Thangaraj, LCT No.3652, PID No.59458, from 02.07.2025 to 04.07.2025. The convict prisoner shall be released from the prison on 01.07.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / first respondent, by 05.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Kulasekarpatnam Police Station, Thoothukudi
District, daily at 07.00 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.
7.List the matter on 06.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 27.06.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 30.06.2025
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.
Ns W.P.Crl.(MD)No.
27.06.2025