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Madras High CourtWP Crl.(MD)/1190/2025disposed of

Keerthana v. The Secretary To Government,

2025-08-29Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.1190 of 2025 and W.P.M.P.Crl(MD)No.316 of 2025 Keerthana ... 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.

3.The Superintendant of Prison, Central Prison, Madurai.

4.The Superintendant of Police, Tiruppur District.

5.The Inspector of Police, Alangulam Police Station, Tirunelveli 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.871/c.j.2/2025 dated 18.08.2025 and quash the same and consequently directing the 2nd and 3rd respondents to grant 28 days ordinary leave to the petitioner's father namely Kaleeswaran, S/o.Angamuthu(C.P.No.5648, PID No.31558) who is confined at Central Prison, Madurai. 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 18.08.2025 passed in No.871/c.j. 2/2025 by the second respondent granting 28 days ordinary leave with escort to the petitioner's father.

2.Heard the learned counsel 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 28 days ordinary leave with escort had been granted to

the convict prisoner to make arrangement for the petitioner's marriage. 4.The learned counsel appearing for the petitioner submitted that the writ petitioner is the daughter of the convict prisoner and the convict prisoner is in incarceration for more than 9 years. He would further submit that earlier on five occasions the convict prisoner was 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 make arrangement for his daughter's marriage, we are inclined to direct the respondents to grant 28 days ordinary leave to the petitioner's father, with single escort.

6.Accordingly the respondents are directed to grant 28 days ordinary leave to the petitioner's father with single escort. The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. [A.D.J.C., J.] & [R.P., J.] 29.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 01.09.2025 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.

3.The Superintendant of Prison, Central Prison, Madurai.

4.The Superintendant of Police, Tiruppur District.

5.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns W.P.Crl(MD)No.1190 of 2025 29.08.2025