Jesintha v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.10.2025 CORAM :

THE HONOURABLE Mr. JUSTICE P.VELMURUGAN and THE HONOURABLE Mrs. JUSTICE L.VICTORIA GOWRI and WMP(MD)No.244 of 2025 Jesintha ... Petitioner vs.

1. The Home Secretary Home Department(Prison) Secretariat, Fort St. George, Chennai- 600 009.

2. The Deputy Inspector General of Prison, Madurai Range, Madurai- 625 001

3. The Superintendent of Prison Central Prison, Palayamkottai ... Respondents PRAYER: Writ Petition Criminal is 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.631/Utha.2/2025 by the second respondent dated 15.06.2025 and quash the same and

consequently direct the second respondent to grant 21 days ordinary leave without escort to the petitioner's son Ashwin, S/o. Raj, PID No. 403846 currently confirmed in the Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

(Order of the Court was made by P.VELMURUGAN. J.,) The prayer in the writ petition is to quash the impugned order passed by the second respondent in No.631/Utha.2/2025 by dated 15.06.2025 and consequently direct the second respondent to grant 21 days ordinary leave without escort to the petitioner's son Ashwin, S/o. Raj, PID No.403846 currently confirmed in the Central Prison, Palayamkottai.

2. The petitioner has challenged the impugned order passed by the prison authorities. Though the convict prisoner has applied for ordinary leave the jail authorities has rejected the application on the ground that he has not completed the required period of conviction for availing the leave.

3. The learned Additional Public Prosecutor would submit that the convict prisoner is not eligible for ordinary leave since he has not completed the required period of imprisonment after conviction.

4. In view of the same, this Court does not any perversity or reason to interfere with the order passed by the second respondent.

5. Hence the Writ Petition stands dismissed. However the petitioner is at liberty to file a fresh application before the jail authorities if he is eligible for the said leave. No costs. Consequently connected miscellaneous petition stands closed. (P.V., J) (L.V.G., J) 22.10.2025 Index : Yes/No Internet : Yes/No aav To

1. The Home Secretary Home Department(Prison) Secretariat, Fort St. George, Chennai- 600 009.

2. The Deputy Inspector General of Prison, Madurai Range, Madurai- 625 001

3. The Superintendent of Prison Central Prison, Palayamkottai

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

P.VELMURUGAN, J and L.VICTORIA GOWRI, J.

aav 22.10.2025