Vijayalakshmi Muthuramalingam v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.09.2025

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vijayalakshmi Muthuramalingam ... Petitioner .Vs.

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 Superintendent of Prison, Central Prison, Palayamkottai- 627 007.

4.The Inspector of Police, B4, Keeraithurai Police Station, Madurai District.

...Respondents

Prayer:-Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus calling for the records relating to the proceedings in No.793/Utha.2/2025 issued by the second respondent dated 31.07.2025 quash the same and consequently direct the second respondent to grant 40 days ordinary leave without escort to the petitioner's son Subash Chandra Bose S/o. Muthuramalingam, PID. NO.295537.

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For petitioner : Mr.P.M.Basil For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

This petition is filed for issuance of Certiorarified Mandamus to quash the proceedings in No.793/Utha.2/2025 issued by the second respondent dated 31.07.2025 and for a consequential direction to the second respondent to grant 40 days ordinary leave without escort to the petitioner's son Subash Chandra Bose S/o. Muthuramalingam, PID. NO. 295537.

2. Heard both sides and perused the records.

3. The petitioner made a representation and the same was rejected by the prison authorities on the ground that since there are three cases pending against the convicted prisoner, he is not eligible for ordinary leave. A reading of the impugned order would show that three cases are pending against the convicted prisoner. One case is filed for the offence under Sections 114, 115, 286, 120(b) IPC and Section 34(b) of Explosive Substance Act and another case is filed for heinous crime for the charges under Sections 120(b), 147, 148, 302 and 506(ii) IPC. 2/4

4. Considering the facts and circumstances of the case, this Court is not inclined to interfere with the order passed by the second respondent.

5. In fine, this petition is dismissed.

(P.V., J.) (L.V.G., J.) 26.09.2025 Index : Yes/No Internet : Yes/No CM 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 Superintendent of Prison, Central Prison, Palayamkottai- 627 007.

4.The Inspector of Police, B4, Keeraithurai Police Station, Madurai District.

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P.VELMURUGAN,J.

and L. VICTORIA GOWRI ,J.

CM 26.09.2025 4/4