Sunilkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.952 of 2025 Sunilkumar ... Petitioner -Vs1.The Secretary to Government, Home Department (Prison) Government of Tamil Ndu Secretariat, St.George Fort, Chennai-9 2.The Deputy Inspector General of Prisons, Prison and Correctional Services, Madurai Range, 3.The Superintendant of Prison, Central Prison, 4.The Superintendant of Police, Ramanathapuram District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 2nd respondent in No.708/U.Th.2/2025 dated 04.08.2025 and quash the same and consequently, directing the 2nd and 3rd respondents to grant 21 days ordinary leave to the petitioner's father namely Nagasundaram, S/o.Saminathan, convict prisoner (C.P.No.5739, PID No.61912) now confined under Central Prison, For Petitioner : Mr.S.Srikanth 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 04.08.2025 passed in No.708/U.TA. 2/2025 by the second respondent granting 21 days 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 since the victim is residing in the same village, the respondent had granted 21 days ordinary leave to the convict prisoner with escort. 4.In reply, the learned counsel appearing for the petitioner submitted that the victim family now migrated to Chennai and hence, he prays leave without escort to the convict prisoner.

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5.Taking into consideration of the submission made by the learned counsel appearing for the petitioner and considering the purpose that the presence of the convict prisoner is required to undertake house repair works, which is in a dilapidated condition, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's father, without escort. 6.Accordingly the respondents are directed to grant 21 days ordinary leave to the petitioner's father Nagasundaram, S/o.Saminathan, convict prisoner (C.P.No.5739, PID No.61912) without escort. During the leave period, the convict prisoner shall appear before the Inspector of Police, Kenikarai Police Station, daily at 07.00 p.m., without fail.

7.With the above direction, this Writ Petition stands disposed of. No costs.

[A.D.J.C., J.] & [R.P., J.] 22.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 26.08.2025 To 1.The Secretary to Government, Home Department (Prison) Government of Tamil Ndu Secretariat, St.George Fort, Chennai-9 2.The Deputy Inspector General of Prisons, Prison and Correctional Services, Madurai Range, 3.The Superintendant of Prison, Central Prison, 4.The Superintendant of Police, Ramanathapuram District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns W.P.Crl(MD)No.952 of 2025 22.08.2025