Vaijayanthi Mala 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.544 of 2025 and W.P.M.P.Crl(MD)No.154 of 2025 Vaijayanthi Mala ... Petitioner/ -Vs1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
... 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.3367/Thaku.2/2025 issued by the 3rd respondent dated
02.07.2025 quash the same and consequently, direct the third respondent to grant 6 days emergency leave without escort to the petitioner's brother-in-law Sathish, S/o.Sivakamu Reddiyar, convict No.3367, PID No.17187. 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 02.07.2025 passed in No.3367/Thaku. 2/2025 by the third respondent, granting 6 days emergency leave with escort to the petitioner's brother-in-law.
2.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 3 days emergency leave with escort has been granted to the convict prisoner to attend serious illness of his wife. 3.The learned counsel appearing for the petitioner would submit that earlier the convict prisoner was granted emergency leave by this Court 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 brother-in-law 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 brother-in-law, namely, Sathish, S/o.Sivakamu Reddiyar, convict No. 3367, PID No.17187, 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 Eppothumvendran 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.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
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.544 of 2025 and W.P.M.P.Crl(MD)No.154 of 2025 16.07.2025