Priyasharshan. G v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.
G.Priyadharshan ... Petitioner -Vs1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, 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.756/Utha.2/2025 issued by the 2nd respondent dated 16.07.2025 quash the same and consequently direct the 2nd respondent to grant 21 days ordinary leave without escort to the petitioner's father Gopakumar, S/o.Sugumaran, PID No.9597. 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 16.07.2025 passed in No.756/Utha. 2/2025 by the second respondent granting 28 days of ordinary leave with escort to the petitioner's father.
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 attending his daughter's marriage which is scheduled to be held on 07.09.2025. 4.Per contra, the learned counsel appearing for the petitioner would submit that the writ petitioner is the daughter of the convict prisoner and the convict
prisoner is in incarceration for more than 10 years. He would further submit that this is the first time the convict prisoner is going on leave and therefore, ordinary leave may be granted to the convict prisoner without escort. 5.Taking into consideration of 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 28 days ordinary leave to the petitioner's father, without escort. 6.Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant 28 ordinary leave to the petitioner's father, namely, Gopakumar, S/o.Sugumaran, PID No.9597 from 01.09.2025 to 28.09.2025. The convict prisoner shall be released from the prison on 31.08.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai / third respondent, by 29.09.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear
before the Inspector of Police, (*)Kaliyakavilai Police Station everyday at 9.00 a.m., and 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.
Sd/- 05/08/2025 (*)Corrected as per order of this Court dated 28/08/2025 made in W.P. Crl. (MD)No.841 of 2025 Sd/- Assistant Registrar (CS-III) // True Copy // /08/2025 Sub Assistant Registrar(CS) NS To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, 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 Inspector of Police, Kaliyakavilai Police Station, Kanniyakumari District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.Crl(MD)No.
05.08.2025 CT (19/08/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 TS (28/08/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.