Shoba Esthar v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Shoba Esthar ... Petitioner -Vs1.The Home Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625001.

3.The Superintendant of Prison, Central Prison, Palayamkottai-627007.

... 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 proceedings in No.764/Utha.2/2025, dated 22.07.2025 issued by the second respondent quash the same and consequently direct the respondents to grant 28

days ordinary leave without escort to the petitioner's husband Prince, S/o.Vedhanayagam, PID No.172799.

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 22.07.2025 passed in No.764/Utha. 2/2025, by the second respondent granting 28 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 28 days ordinary leave has been granted with escort to the convict prisoner to arrange his family necessities.

4.The learned counsel appearing for the petitioner would submit that the convict prisoner was earlier granted emergency leave without escort and during such time, no untoward incident had happened 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 that the presence of the convict prisoner is required to arrange his family necessities, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's husband, without escort.

6. 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, Prince, S/o.Vedhanayagam, from 13.08.2025 to 02.09.2025. The convict prisoner shall be released from the prison on 12.08.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai/ third respondent, by 03.09.2025 at 10.00 a.m.

(iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Aralvoimozhi Police Station everyday 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.

[A.D.J.C., J.] & [R.P., J.] 07.08.2025 NCC : Yes / No Index : Yes / No cp Note:Issue order copy on 11.08.2025 To 1.The Home Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625001.

3.The Superintendant of Prison, Central Prison, Palayamkottai-627007.

4.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

cp 07.08.2025