A. Muthulakshmi v. The State Of Tamilnadu

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 A.Muthulakshmi ... Petitioner -vs1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Inspector of Police, Sivanthipatti Police Station, Tirunelveli 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.1132/Utha.2/2025 issued by the second respondent dated 12.11.2025 quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's brother Madasmay, son of Arumugam, PID No.77178.

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.1132/Utha.2/2025 and direct the third respondent to grant Ordinary Leave without escort for the period of 28 days to the petitioner's brother Madasamy, son of Arumugam, PID No.77178.

2. It is the case of the petitioner that her brother was convicted by the Sessions Judge, District Court, Tirunelveli in S.C.No.16 of 2013, for the offences

under Sections 302, 364, 316 and 201 IPC and he was sentenced to undergo life imprisonment. Aggrieved by the said conviction and sentence, the convict has filed an appeal before this Court in Crl.A(MD).No.14 of 2019 and the same was also dismissed by confirming the conviction and sentence passed by the trial Court. Her husband is in incarceration for more than 6 year. Therefore, he is eligible for Ordinary Leave for a period of 28 days as per the prison rules. The petitioner, who is the sister of the convict, submitted an application seeking ordinary leave for her sister for a period of 28 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, she could not afford cost for the escorts.

3. In view of the above, the condition imposed in the order dated 12.11.2025 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 Inspector of Police,

Sivanthipatti Police Station, Tirunelveli District daily twice Morning at 10.30 a.m., and 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 second respondent dated 12.11.2025 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 Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

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

G.K.ILANTHIRAIYAN , J.

and KRISHNAN RAMASAMY , J.

am 19.12.2025