Mary v. The Home Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl. (MD)No..111 of 2026 Mary ... Petitioner -vs1.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- 627 007

4. The Inspector of Police Kallidaikurichi 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 relating to the proceedings in No.1180/Utha.2/2025 issued by the second respondent dated

22.11.2025 quash the same and consequently direct the third respondent to grant 28 ordinary leave without escort to the petitioner's husband Rebena Samuvelraj, son of Deva Asirvatham, PID No.286943. For Petitioner :

Mr.P.M.Basil For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the second respondent in No.1180/Utha.2/2025 dated 22.11.2025 and direct the third respondent to grant 28 ordinary leave without escort to the petitioner's husband Rebena Samuvelraj, son of Deva Asirvatham, PID No.286943.

2. It is the case of the petitioner that her husband was convicted by the Additional Sessions Court/Fast Track Court No.I, Tirunelveli in S.C. No. 106 of 2011 on 27.02.2012 and sentenced to undergo life imprisonment for the offence under Section 302 r/w.34 of IPC. Aggrieved over the same, the convict has filed an appeal before this Court in Crl.A(MD) No.162 of 2014 and the same was dismissed by this Court on 12.10.2020. The petitioner submitted an application seeking ordinary leave for a period of 28 days. After considering the

request made by the petitioner, the second respondent granted ordinary leave to the convict with escort. The petitioner being a poor person, could not afford the cost of escort.

3. In view of the above, the condition imposed in the order dated 22.11.2025 directing the convict to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fourth respondent police daily at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period.

4. Accordingly, the order of the second respondent dated 22.11.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. Consequently connected miscellaneous petition stands closed. [G.K.I., J.] [R.P., J.] 23.01.2026 NCC : Yes / No 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- 627 007

4. The Inspector of Police Kallidaikurichi Police Station Tirunelveli District

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 23.01.2026