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Madras High CourtWP Crl.(MD)/621/2025disposed of

Meenakshi v. The Secretary To Government

2025-08-01Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.PM.P.Crl(MD)No.178 of 2025 Meenakshi ... Petitioner -Vs1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu, Secretariat, St. George Fort, Chenna-9.

2.The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendant of Prison, Central Prison, Madurai.

4.The Superintendant of Police, Dindigul 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.744/c.j.2/2025 dated 15.07.2025 and quash the same and consequently directing the 2nd and 3rd respondents to grant 28 days ordinary leave to the petitioner's son namely Kali Tamilvannan @ Tamil @ Kalai, S/o.Periyasamy, convict prisoner (C.P 6294).

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 15.07.2025 passed in No.744/c.j. 2/2025 by the second respondent granting 28 days of ordinary leave with escort to the petitioner's son.

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 submitted that the request of the petitioner had been considered and 28 days ordinary leave has been granted with escort to the convict prisoner for

taking medical treatment.

4.Per contra, the learned counsel appearing for the petitioner would submit that the writ petitioner is the mother of the convict prisoner and the convict prisoner is in incarceration for more than 8 years. He would further submit that the convict prisoner was earlier granted ordinary leave for 10 days and subsequently it was extended for another 3 days and during such time, no untoward incident had happened. He would further submit that the convict prisoner has filed an affidavit before this Court stating that he is aware of the consequences of the leave may be granted to him at his own risk and responsibility and he will abide by all conditions imposed by the prison authorities and hence, he prays for without escort.

5.Taking into consideration of the submission made by the learned Additional Public Prosecutor and considering the purpose for taking medical treatment, we are inclined to direct the respondents to grant 28 days ordinary leave to the petitioner's son, without escort. 6.Accordingly the respondents are directed to grant ordinary leave to the petitioner's son for 28 days without escort. During the leave period, the convict

prisoner shall appear before the Inspector of Police, Dindigul Taluk Police Station, everyday at 09.00 a.m., and 07.00 p.m., without fail. It is made clear the convict prisoner or his associates shall not give any interview in print or visual media.

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.] 01.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 01.08.2025

To 1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu, Secretariat, St. George Fort, Chenna-9.

2.The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendant of Prison, Central Prison, Madurai.

4.The Superintendant of Police, Dindigul District.

5.The Inspector of Police, Dindigul Taluk Police Station.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns and W.PM.P.Crl(MD)No.178 of 2025 01.08.2025