Kanagavalli v. The Secretary To Government, Home Department (Prison),
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl.(MD) No.2580 of 2025 Kanagavalli ... Petitioner -vs1.The Secretary to Government Home Department (Prison), Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, O/o. The Deputy Inspector General of Prison and Correctionsal Services Department Madurai Region, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Madurai
4. The Superintendent of Police Chengalpattu District 5.The Inspector of Police, Maduranthakam Police Station, Chengalpattu 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 passed by the second respondent in No.857/vu.tha.2/2025 dated 19.10.2025 and quash the same and consequently direct the respondents 2 and 3 to grant 21 days ordinary leave without escort to the petitioner's brother namely Mohandass, S/o.Krishnamoorthi, (C.P.No.6134 and PID No.416169) now confined under Central Prison, Madurai. For Petitioner :
Mr.S.Srikanth 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 No.857/vu.tha.2/2025 dated 19.10.2025
and direct the respondents 2 and 3 to grant 21 days ordinary leave without escort to the petitioner's brother namely Mohandass, S/o.Krishnamoorthi,(C.P.No.6134 and PID No.416169) now confined under Central Prison, Madurai.
2. It is the case of the petitioner that his brother was convicted by the learned Sessions Judge, Mahalir Neethimandram, Madurai, by Judgment dated 12.04.2022 in S.C.No.19 of 2017, for the offences under Sections 302 r/w.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 and the same is pending. He would further submit that he has to under go eye surgery and also want to carry out certain maintenance works in his works for which the presence of convict prisoner is very much necessary. The petitioner, who is the brother of the convict, submitted an application seeking ordinary leave for his brother for a period of 21 days. After considering the request made by the petitioner, the second respondent granted ordinary leave to the petitioner's brother 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 09.10.2025 directing the petitioner's brother to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's brother is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fifth 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 09.10.2025 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.] 17.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav
To:
1.The Secretary to Government Home Department (Prison), Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, O/o. The Deputy Inspector General of Prison and Correctionsal Services Department Madurai Region, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Madurai
4. The Superintendent of Police Chengalpattu District 5.The Inspector of Police, Maduranthakam Police Station, Chengalpattu District
6. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 17.12.2025