Ramalingam v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.P.M.P.Crl(MD)No.199 of 2025 Ramalingam ... Petitioner/ -Vs1.The Home Secretary, Home Department (Prison) Secretariat, Fort St. George, Chennai.

2.The Deputy Inspector General of Prisons, Madurai Range, Madura-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.3315/Thaku.2/2025 issued by the third respondent dated

02.07.2025 quash the same and consequently direct the third respondent to grant 3 days emergency leave without escort to the petitioner's brother Balasubramanian, S/o.Ramasamy, PID No.1839.

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 in No.3315/Thaku. 2/2025, passed by the third respondent granting 3 days emergency leave with escort to the petitioner's brother.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.The learned counsel appearing for the petitioner would submit the petitioner's brother is in incarceration for the past four years and he has maintained good conduct in prison without any adverse remarks from the prison authorities. The learned counsel would further submit that the mother of the

convict is suffering from severe health ailments and she is bedridden and that he prays for 3 days emergency leave without escort to his brother. 4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the the representation of the petitioner has been considered and 3 days emergency leave with escort has been granted to the convict to attend serious illness of his mother.

5.Taking into consideration of the submission made by the learned Additional Public Prosecutor and considering the purpose that the presence of the convict prisoner is required for attending serious illness of his mother, we are inclined to direct the respondents to grant three days emergency leave to the petitioner's brother, with single escort.

6.Accordingly the respondents are directed to grant emergency leave to the petitioner's brother for three days with single escort. The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. [A.D.J.C., J.] & [R.P., J.] 28.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 30.07.2025 To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St. George, Chennai.

2.The Deputy Inspector General of Prisons, Madurai Range, Madura-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 and W.P.M.P.Crl(MD)No.199 of 2025 28.07.2025