Thangammal Vethamanickam v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.561 of 2025 and W.P.M.P(MD)No.161 of 2025 Thangammal Vethamanickam ... 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 Certiorarified Mandamus, calling for the records relating to the proceedings in No.3899/Thaku.2/2025 issued by the 3rd respondent dated

20.06.2025 quash the same and consequently, direct the third respondent to grant 3 days emergency leave without escort to the petitioner's son-in-law Bright, S/o.Johnson, PID No.33867.

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 20.06.2025 in proceedings No. 3899/Thaku.2/2025, passed by the third respondent granting three days emergency leave with escort to the petitioner's son-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 son-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 son-in-law, namely, Bright, S/o.Johnson, PID No.33867, from 25.07.2025 to 27.07.2025. The convict prisoner shall be released form the prison on 24.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai/ third respondent, by 28.07.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear before the Aralvaimozhi 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.] 17.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 23.07.2025 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-627 007.

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.561 of 2025 and W.P.M.P(MD)No.161 of 2025 17.07.2025