Naga Lakshmi v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.PM.P.Crl(MD)No.223 of 2025 Naga Lakshmi ... Petitioner -Vs1.The Home Secretary, Home Department (Prison) Chennai-600 009.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001.
3.The Superintendant 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.752/Utha.2/2025 issued by the 2nd respondent dated 16.07.2025
and quash the same and consequently direct the third respondent to grant 21 days ordinary leave without escort to the petitioner's husband Raja, S/o.Esakimuthu, PID No.319649.
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 15.07.2025 passed in No.744/c.j. 2/2025 by the second respondent granting 21 days of ordinary leave with escort to the petitioner's husband.
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 21 days ordinary leave has been granted with escort to the convict prisoner to attend serious illness of his wife.
4.The learned counsel appearing for the petitioner would submit that the writ petitioner is the wife of the convict prisoner and the convict prisoner is in incarceration for more than 4 years. He would further submit that since the convict prisoner is going on leave for the first time, he prays for modifying the order passed by the second respondent.
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 to attend serious illness of his wife, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's husband, without escort.
6.Accordingly the respondents are directed to grant ordinary leave to the petitioner's husband for 21 days without escort. During the leave period, the convict prisoner shall appear before the Inspector of Police, Muthiahpuram Police Station, Thoothukudi, everyday at 09.00 a.m., and 07.00 p.m., without fail.
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.] 04.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 06.08.2025 To 1.The Home Secretary, Home Department (Prison) Chennai-600 009.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001.
3.The Superintendant 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.PM.P.Crl(MD)No.223 of 2025 04.08.2025