Mahalakshmi v. The Home Secretary, Home Department(Prison)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl.(MD) No.626 of 2025 Mahalakshmi ... 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 Ettayapuram Police Station Thoothukudi 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 Let.No.3628, Manikandan 2025 EL.No.1 issued by the third respondent dated 17.11.2025 quash the same and consequently direct the third respondent to grant six days emergency leave without escort to the petitioner's son Manikandan , S/o. Innasimuthu, PID No.29143 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 third respondent vide proceedings in Let.No.3628, Manikandan 2025 EL.No.1 dated 17.11.2025 and direct the third respondent to grant six days emergency leave without police escort to the petitioner's son Manikandan , S/o. Innasimuthu, PID No.29143
2. It is the case of the petitioner that her son was convicted by the learned Sessions Judge(Fast Track Mahila Court) Thooothukudi, by Judgment dated 02.03.2016 in S.C.No.18 of 2014 for the offences under Sections 302,397 and 201 r/w.511 of IPC and he was sentenced to undergo life imprisonment. The petitioner, who is the mother of the convict, submitted an application seeking emergency leave for her son for a period of 6 days to see her sister who is ill. After considering the request made by the petitioner, the third respondent granted emergency 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 17.11.2025 directing the petitioner's son to go on emergency leave with escort is modified and he shall go on emergency 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 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 third respondent dated 17.11.2025 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.] 18.12.2025 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 Ettayapuram Police Station Thoothukudi District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 18.12.2025