Madras High CourtWP Crl.(MD)/2674/2025disposed of

Swarna v. The State Of Tamilnadu, Rep By Its Principal Secretary To Government,

2025-12-19Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Swarna ... Petitioner -vs1.The State of Tamil Nadu rep. by its Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St. George, Chennai-600 009.

2.The Director General of Prisons and Correctional Services, Tamil Nadu Prisons Headquarters Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus, Madurai-625 016.

4.The Superintendent of Prison, Central Prison, Madurai-625 016.

5.The Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri.

... 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 impugned order passed by the third respondent vide his proceedings in No.605/Vutha. 2/2025 dated 17.11.2025, quash the same as illegal and void, consequently grant 21 days ordinary leave without escort to petitioner's husband namely Sankaranarayanan, S/o.Chidambara Kuthalam, aged 72 years (P.I.D.No.28821) confined at Central Prison, Madurai, forthwith by considering her representation dated 16.10.2025.

For Petitioner :

Mr.C.Karthikeyan 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 No.605/Vutha.2/2025 dated 17.11.202 and direct the third respondent to grant 21 days ordinary leave without escort to petitioner's husband namely Sankaranarayanan, S/o.Chidambara Kuthalam, aged 72 years (P.I.D.No.28821) confined at Central Prison, Madurai, forthwith by considering the petitioner's representation, dated 16.10.2025.

2. It is the case of the petitioner that her husband was convicted by the II Additional District Judge for CBI Cases, Madurai in C.C.No.4,5,6 & 7 of 2008, for the offences under Sections 120(b) r/w 420 IPC, 120(B) r/w 477(A) IPC, 420 and 477(A)IPC and he was sentenced to undergo 5 years Rigorous Imprisonment. Aggrieved by the said conviction and sentence, the convict has filed an appeal before this Court in Crl.A(MD).Nos.383 and 384 of 2016 and the

said appeal was partly allowed by this Court. The convict is eligible for Ordinary Leave for a period of 21 days as per the prison rules. The petitioner, who is the wife of the convict, submitted an application seeking ordinary leave for her husband for a period of 21 days. After considering the request made by the petitioner, the third respondent granted ordinary leave to the petitioner's husband with escort. The petitioner is being a poor family, she 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 husband to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's husband is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri daily evening 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 ordering escort alone and the Writ Petition is disposed of. [G.K.I., J.] [K.R., J.] 19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No am

To:

1.The Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St. George, Chennai-600 009.

2.The Director General of Prisons and Correctional Services, Tamil Nadu Prisons Headquarters Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus, Madurai-625 016.

4.The Superintendent of Prison, Central Prison, Madurai-625 016.

5.The Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri.

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

G.K.ILANTHIRAIYAN , J.

and KRISHNAN RAMASAMY , J.

am 19.12.2025