Ajithkumar Kaliraj 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.623 of 2025 Ajithkumar Kaliraj ... 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 West Police Station, Kovilpatti 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 No.1008/Utha.2/2025 issued by the second respondent dated 03.10.2025 quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's father Kaliraj, S/o.Krishnasamy, PID No. 16979.
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 No.1008/Utha.2/2025 dated 03.10.2025 and direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's father Kaliraj, S/o.Krishnasamy, PID No.16979.
2. It is the case of the petitioner that her husband was acquitted by the Additional Sessions Court/Fast Track Court No.I, Tirunelveli, by Judgment in S.C.No.306 of 2002 however the defacto complainant preferred criminal appeal before this Court in Crl.A(MD) No.339 of 2004 before this Court and his father was convicted by this Court and the same was dismissed. The father of the petitioner also preferred appeal before the Hon'ble Supreme Court and the same was also dismissed. The petitioner, who is the son of the convict, submitted an application seeking ordinary leave for his father for a period of 28 days. After considering the request made by the petitioner, the second respondent granted ordinary leave to the petitioner's father 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 03.10.2025 directing the petitioner's father to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's father 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 03.10.2025 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.] 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 West Police Station, Kovilpatti 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