← Library
Madras High CourtWP Crl.(MD)/545/2025disposed of

R. Suganya v. The State Of Tamil Nadu,

2025-08-06Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.Crl(MD)No.157 of 2025 R.Suganya ... Petitioner -Vs1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (PrisonIV) Department, Secretariat, Fort St George, Chennai-600 009.

2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

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

4.The Superintendant, Central Prison, Trichy-620 020.

5.The Superintendant of Police, O/o.The Superintendant of Police, Tiruchirappalli 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 third respondent vide proceedings in No.RO.TRY/322/2025CA dated 20.05.2025 and quash the same as illegal and consequently direct the third respondent to grant 21 days ordinary leave without police escort to the petitioner's brother namely, Karthi @ Karthikeyan, S/o.Singaram @ Rengasamy, convict prisoner, PID No.375354 confined at Central Prison, Trichy. For Petitioner : Mr.K.A.S.Prabhu 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 20.05.2025 passed in No.RO.TRY/322/2025-CA by the third respondent granting 21 days of ordinary leave without 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 Additional Public Prosecutor appearing for the

respondents would submit that the petitioner had sought leave for her brother citing two reasons: (i) to renovate the house and (ii) to visit his ailing mother. However, the Probationary Officer, after enquiry, found that that both reasons were not genuine and thereby, rejected the request of the petitioner. 4.Per contra, the learned counsel for the petitioner submits that the petitioner's brother/convict prisoner is eligible for ordinary leave, though the reasons may not be correct. The convict prisoner has been incarcerated for more than 3 years and 8 months. He further submits that the petitioner's brother was earlier granted 10 days of ordinary leave by this Court in WP(MD) No.30095 of 2024, dated 13.12.2024.

5.Though the reasons stated by the petitioner may not be correct, however he is eligible for ordinary leave for a remaining period of 11 days out of his eligibility of 21 days. Therefore, we are inclined to direct the respondents to grant eleven days ordinary leave to the petitioner's brother without escort.

6. Accordingly, the Writ Petition is disposed of with the following directions:

(i) The respondents are directed to grant eleven days ordinary leave to the petitioner's brother, namely, Karthi

@ Karthikeyan, S/o.Singaram @ Rengasamy, from 13.08.2025 to 23.08.2025. The convict prisoner shall be released from the prison on 12.08.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy/ fourth respondent, by 24.08.2025 at 10.00 a.m.

(iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Somarasampettai Police Station, Trichy District, 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.] 06.08.2025 NCC : Yes / No Index : Yes / No Note:Issue order copy on 11.08.2025

To 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

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

4.The Superintendant, Central Prison, Trichy-620 020.

5.The Superintendant of Police, O/o.The Superintendant of Police, Tiruchirappalli District.

6.The Inspector of Police, Somarasampettai Police Station, Trichy District, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

cp 06.08.2025