Arumadhas Sundaram v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Arumadhas Sundaram ... 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-625 001.

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

4.The Inspector of Police, Vadasery Police Station, Kanyakumari District.

... Respondents

PRAYER: Petition 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.1126/Utha.2/2025 issued by the second respondent dated 11.11.2025 quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's son Manikaraj, S/o.Arumadhas, PID No. 34979.

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 vide proceedings in in No.1126/Utha.2/2025, dated 11.11.2025 and direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's son Manikaraj, S/o.Arumadhas, PID No.34979.

2. It is the case of the petitioner that his son was convicted by the learned Sessions (Fast Track Mahila Court) Judge, Kanyakumari District at

Nagercoil, by Judgment dated 17.03.2017 in S.C.No.47 of 2012, for the offences under Sections 302, 307, 364, 420 and 120(b) of IPC and he was sentenced to undergo life imprisonment. Aggrieved over the judgment, the convict has filed an appeal before this Court in Crl.A(MD).No.197 of 2017 and the same was also confirmed by this Court. After that, the convict had preferred an appeal before the Hon'ble Supreme Court and the same was also dismissed. His son is in incarceration for more than 7 years. Therefore, he is eligible for Ordinary Leave for a period of 28 days as per the prison rules. The petitioner, who is the father of the convict, submitted an application seeking ordinary leave for his son for a period of 28 days. After considering the request made by the petitioner, the second respondent granted ordinary leave to the petitioner's son with escort. The petitioner is being a poor family, he could not afford cost for the escorts.

3. In view of the above, the condition imposed in the order dated 11.11.2025 directing the petitioner's son to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's son is directed to comply with the usual conditions imposed by the jail

authorities and he should also report before the Inspector of Police, Vadasery Police Station, Kanyakumari District 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 11.11.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

[G.K.I., J.] [R.P., J.] 16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No am

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, Vadasery Police Station, Kanyakumari District.

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

am 16.12.2025