← Library
Madras High CourtWP Crl.(MD)/2590/2025allowed

Nagarajan v. The Deputy Inspector General Of Prison,

2025-12-17Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

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 Nagarajan ... Petitioner -vs1. The Deputy Inspector General of Prison Correctional Services, Madurai Range Madurai

2. The Superintendent of Prison O/o. The Superintendent of Prison Madurai District

3. The Superintendent of Police O/o. Superintendent of Police Theni 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 pertaining to the impugned

order passed by the first respondent in No.965/Vu.tha.2/2025 dated 22.09.2025 quash the same as bad in law and further direct the respondents to grant ordinary leave to the petitioner's son for the period of 28 days without escort who is a life convict namely Srinivasan, S/o.Nagarajan, CP No.6011 by considering the representation dated 07.08.2025.

For Petitioner :

Mr.SMA.Jinnah 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 first respondent vide proceedings in No.965/Vu.tha.2/2025 dated 22.09.2025 and direct the respondents to grant ordinary leave to the petitioner's son for the period of 28 days without escort who is a life convict namely Srinivasan, S/o.Nagarajan, CP No.6011 by considering the representation dated 07.08.2025.

2. It is the case of the petitioner that his son was convicted by the learned Additional District and Sessions Judge, Theni District, by Judgment dated 12.08.2020 in S.C.No.18 of 2016, for the offences under Section 302 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.363 of 2020 which was confirmed by this Court vide judgment dated 12.01.2023. He would further submit that the mother of the convict prisoner met with an accident, therefore she requires immediate treatment. The petitioner submitted an application seeking ordinary leave for the convict prisoner for a period of 28 days. After considering the request made by the petitioner, the first respondent granted emergency leave to the convict prisoner 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 22.09.2025 directing the convict prisoner to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the convict prisoner is directed to comply with the usual conditions imposed by the jail

authorities and he should also report before the Inspector of Police, Allinagaram Police Station, Theni 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 first respondent dated 22.09.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. [G.K.I., J.] [R.P., J.] 17.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1. The Deputy Inspector General of Prison Correctional Services, Madurai Range Madurai

2. The Superintendent of Prison O/o. The Superintendent of Prison Madurai District

3. The Superintendent of Police O/o. Superintendent of Police Theni District .

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

Copy to:

The Inspector of Police Allinagaram police Station, Theni District

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 17.12.2025