S. Tharalam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.459 of 2025 S.Tharalam ... Petitioner/ Mother of the Convict -Vs1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

3.The Superintendent of Prison, O/o.Central Prison, Trichy-620 020.

4.The Superintendent of Police, O/o.The Superintendent of Police, Ariyalur District.

... 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 impugned order passed by the second respondent vide proceedings in No.Ro.TRY/238/2025CA, dated 29.06.2025 and quash the same as illegal and consequently direct the second respondent to grant 21 days Ordinary Leave without police escort to the petitioner's son namely Anbu @ Anburaj, S/o.Selvaraj, Convict Prisoner, PID No. 352752 confined at Central Prison, Trichy.

For Petitioner : Mr.K.A.S.Prabhu For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to quash the impugned order passed by the second respondent vide proceedings in No.Ro.TRY/238/2025-CA, dated 29.06.2025 and consequently direct the second respondent to grant 21 days Ordinary Leave without police escort to the petitioner's son namely Anbu @ Anburaj, S/o.Selvaraj, Convict Prisoner, PID No.352752 confined at Central Prison, Trichy.

2.The writ petitioner is the mother of the life convict and for renovating her house, she has sought for 21 days ordinary leave to the life convict. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent, on instructions, submitted that the petitioner had sought ordinary leave for her son to renovate her house. However, the Probationary Officer has not recommended the case of the convict stating that the house is well and the police has also stated that the victims are living in the vicinity and there will be an issue of law and order. Hence, the second respondent rejected the same.

4.The learned counsel appearing for the petitioner submitted that the life convict was earlier granted emergency leave by order of this Court dated 29.01.2025 in W.P(MD)No.2402 of 2025 wherein he was allowed to go with escort. Hence, he prays for emergency 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 respondent to grant 6 days emergency leave to the

petitioner's son without escort.

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

(i) The respondent is directed to grant 6 days emergency leave to the petitioner's son namely, Anbu @ Anburaj, S/o.Selvaraj, PID No.352752, from 19.07.2025 to 24.07.2025. The convict prisoner shall be released from the prison on 18.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / fourth respondent, by 25.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Irumbulikurichi Police Station, Ariyalur District, everyday at 10.30 a.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.] 16.07.2025 NCC : Yes / No Index : Yes / No vsg Note:Issue order copy on 17.07.2025 To 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.

3.The Superintendent of Prison, O/o.Central Prison, Trichy-620 020.

4.The Superintendent of Police, O/o.The Superintendent of Police, Ariyalur District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

vsg W.P.Crl(MD)No.459 of 2025 16.07.2025