Esakkiammal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.583 of 2025 and W.P.M.P.Crl(MD)No.168 of 2025 Esakkiammal ... Petitioner/ -Vs1.The Secretary to Government, Home Department(Prison) Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Virudhunagar District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 2nd respondent in No.627/c.j.2/2025 dated 03.07.2025 and quash the same and consequently, directing the 2nd and 3rd respondents to grant 21 days ordinary leave to the petitioner's husband namely Kanagaraj, S/o.Pitchai, convict prisoner (CP No.5914) herein without escort.
For Petitioner : Mr.S.Srikanth 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 03.07.2025 passed in No.627/c.j. 2/2025 by the second respondent granting 21 days for emergency leave with escort to the petitioner's husband.
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 21 days ordinary leave with escort has been granted to the convict prisoner to attend ceremonies relating to his daughter's marriage.
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 21 days ordinary leave to the petitioner's husband without escort.
5. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant twenty one days ordinary leave to the petitioner's husband, namely, Kanagaraj, S/o.Pitchai, (CP No.5914), from 24.07.2025 to 13.08.2025. The convict prisoner shall be released form the prison on 23.07.2025 at 05.30 p.m.
(ii) He shall report back to the Superintendent of Prison, Central Prison, Madurai/ third respondent, by 14.08.2025 at 10.30 a.m.,
(iii) During the leave period, the convict prisoner shall appear before the Krishnankovil Police Station daily 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.] 21.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 22.07.2025
To 1.The Secretary to Government, Home Department(Prison) Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Virudhunagar District.
5.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.583 of 2025 and W.P.M.P.Crl(MD)No.168 of 2025 21.07.2025