Sakthi v. The Home Secretary

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.541 of 2025 and W.P.M.P.Crl(MD)No.153 of 2025 Sakthi ... 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-627 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.4686/Thaku.2/2025 issued by the 3rd respondent dated

12.06.2025 quash the same and consequently direct the third respondent to grant 3 days emergency leave without escort to the petitioner's father Issac, S/o.Ramya, PID No.286939.

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.) Challenge is made to the order dated 12.06.2025 passed in No.4686/Thaku. 2/2025 by the third respondent, granting 3 days emergency leave with escort to the petitioner's father.

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 has been considered and 3 days emergency leave with escort has been granted to the convict prisoner to attend serious illness of his mother.

3.The learned counsel appearing for the petitioner would submit that earlier the convict prisoner was granted emergency leave and during such time, the convict prisoner was allowed to go without escort and thereby he prays for modification of the said condition.

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 direct the respondents to grant 3 days emergency leave to the petitioner's father without escort.

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

(i) The respondents are directed to grant three days emergency leave to the petitioner's father, namely, Issac, S/o.Ramya, PID No.286939, from 19.07.2025 to 21.07.2025. The convict prisoner shall be released form the prison on 18.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai/ third respondent, by 22.07.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear before the Veeravanallur Police Station everyday 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. Consequently, connected miscellaneous petition is closed.

[A.D.J.C., J.] & [R.P., J.] 16.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 17.07.2025 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-627 001.

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.541 of 2025 and W.P.M.P.Crl(MD)No.153 of 2025 16.07.2025