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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Murugesan ... Petitioner -vs1.The State of Tamilnadu, rep. by its Principal Secretary to Government Home, Prohibition and 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 Trichy Range Race Course Road Trichy - 620 023.

4.The Superintendent of Prison Central Prison Trichy - 620 020.

5.The Inspector of Police Vellanur Police Station Pudukkottai District.

..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the Impugned order passed by the 3rd respondent vide his proceedings in No.ROTRY/504/2025-CA, dated 14.09.2025, consequently grant 21 days ordinary leave without police escort to the petitioner Murugesan, S/o.Arumugam, PID No. 22334, Central Prison, Trichy- 620 020 based on the representation dated 30.06.2025 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 RO-TRY/504/2025-CA, dated 14.09.2025

and consequently grant 21 days ordinary leave without police escort to the petitioner namely Murugesan, S/o.Arumugam, PID No.22334, Central Prison, Trichy- 620 020 based on the representation dated 30.06.2025

2. It is the case of the petitioner that he was convicted by the Mahila Court, Pudukottai in S.C.No.7 of 2020 for the offences under Sections 302 of IPC and Sections 5(n)r/w.6(i) of POCSO Act. Further he has also preferred an appeal before this Court in Crl.A(MD) No.597 of 2015 and the same was dismissed on 02.08.2022. The petitioner, who is the convict, submitted an application seeking ordinary leave for a period of 21 days. After considering the request made by the petitioner, the third respondent granted ordinary leave to the petitioner 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 14.09.2025 directing the petitioner to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner 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 10.30 a.m., and 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period. It is made clear that the convict prisoner shall not enter the area where the victim is residing.

4. Accordingly, the order of the third respondent dated 14..09.2025 is quashed in sofar as the 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 aav To:

1.The Principal Secretary to Government The State of Tamilnadu, Home, Prohibition and 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 Trichy Range Race Course Road Trichy - 620 023.

4.The Superintendent of Prison Central Prison Trichy - 620 020.

5.The Inspector of Police Vellanur Police Station Pudukkottai District.

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

G.K.ILANTHIRAIYAN , J.

and KRISHNAN RAMASAMY , J.

aav 19.12.2025