Pandiyarajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.740 of 2025 Pandiyarajan ... Petitioner/ Brother of the life convict -Vs1. State of Tamil Nadu, Rep. By the Principal Secretary to the Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St.George, Chennai- 600 009.

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

3.The Superintendent of Prison, Central Prison, Trichy-620 020.

4.The Superintendent of Police, O/o. The Superintendent of Police, Pudukkottai 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 2nd respondent vide proceedings in No.RO.TRY/212/2025-CA dated 16.07.2025 and quash the same as illegal and consequently direct the 2nd respondent to grant 28 days Ordinary leave without police escort to the petitioner's brother namely, Ravichandran, son of Adaikkalam, Life Convict Prisoner, PID No.147190 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.) Challenging the order in No.RO.TRY/212/2025-CA, passed by the 2nd respondent dated 16.07.2025, granting 28 days of ordinary leave to the petitioner's brother / convict prisoner with escort, this writ petition is filed to quash the same, with a consequential direction to the respondents to grant such leave without escort.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner's brother / convict prisoner has been incarcerated for nearly 5 years and 5 months and there has been no adverse report against him and therefore, no useful purpose would be served in driving the convict prisoner to go on ordinary leave with escort. Therefore, the learned counsel would pray for setting aside the condition in the impugned order with regard to escort during the leave period.

4. The learned Additional Public Prosecutor who takes notice for the respondents, submitted that considering the request of the petitioner, the 2nd respondent has passed the impugned order granting ordinary leave with escort. Therefore, there is no infirmity in the same warranting interference by this Court. 5.Taking into consideration of the submission made by the learned counsel for the petitioner, we are inclined to modify the impugned order to the effect that the convict prisoner shall be granted ordinary leave for 28 days without escort.

6.Accordingly the respondents are directed to grant 28 days ordinary leave to the petitioner's brother/convict prisoner without escort. During the leave period, the convict prisoner shall appear before the Inspector of Police,

Aranthangi Police Station, Pudukkottai, everyday at 07.00 p.m., without fail. It is made clear that the convict prisoner shall not enter into the jurisdiction of Tirunelveli District during the leave 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.] 29.07.2025 NCC : Yes / No Index : Yes / No NCC : Yes/No PJL Note:Issue order copy on 31.07.2025 To

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

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

3.The Superintendent of Prison, Central Prison,

Trichy-620 020.

4.The Superintendent of Police, O/o. The Superintendent of Police, Pudukkottai District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

PJL W.P.Crl(MD)No.740 of 2025 29.07.2025