Disposed¶29

Mary v. The Home Secretary

Madras HC24 Jun 2025WP Crl.(MD)/270/2025

Case brief

AI extract

What is this about?

emergency leave without escort; life convict; PID 286943; Central Prison Palayamkottai; bedridden mother; writ of mandamus; Article 226 Constitution of India; prison leave conditions; daily reporting Kallidaikurichi Police Station 7 a.m. 7 p.m.; Jail Manual; W.P(MD)No.20284 of 2024 ordinary leave; Madurai Bench Madras High Court; 24.06.2025; W.P.Crl(MD) No.270 of 2025

What did the court decide?

Three days' emergency leave WITHOUT escort from 27.06.2025 to 29.06.2025 to the petitioner's husband Rebens Samuvelraj (PID 286943) to visit his bedridden mother; report back to Central Prison, Palayamkottai by 30.06.2025 at 10.00 a.m.; daily reporting at Kallidaikurichi Police Station at 7.00 a.m. and 7.00 p.m.; necessary documents with a copy of the order to be produced before the jail authorities; compliance with Jail Manual conditions; no costs.

Mary Vs The Home Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's husband, Rebens Samuvelraj, a life convict (PID 286943) confined in Central Prison, Palayamkottai, should be granted three days' emergency leave without police escort to visit his bedridden mother.

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Court's answer

Considering the purpose for which the leave was sought (visiting his bedridden mother), the Court granted three days' emergency leave to the petitioner's husband without escort.

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Ratio / Principle

The respondents were directed to grant three days' emergency leave to the petitioner's husband, Rebens Samuvelraj, from 27.06.2025 to 29.06.2025.

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Key takeaways

The convict shall report back to the Superintendent of Prison, Central Prison, Palayamkottai (third respondent) by 30.06.2025 at 10.00 a.m.ratio¶31
During the leave period, the convict prisoner shall report before the Kallidaikurichi Police Station every day at 7.00 a.m. and 7.00 p.m., without fail.ratio¶32
During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.ratio

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (A.D. Jagadish Chandira & R. Poornima, JJ.) in W.P.Crl(MD) No.270 of 2025, order dated 24.06.2025: Wife of a life convict (Rebens Samuvelraj, PID 286943, Central Prison, Palayamkottai) filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to grant emergency leave without escort to visit his bedridden mother. The Additional Public Prosecutor reported that the representation had been considered and three days' emergency leave with escort granted (photocopy of order dated 17.06.2023 produced); counsel for the petitioner relied on the earlier ordinary leave without escort granted pursuant to W.P(MD)No.20284 of 2024 dated 05.09.2024. Recording the submission and considering the purpose of the leave, the Court disposed of the petition directing three days' emergency leave WITHOUT escort from 27.06.2025 to 29.06.2025, conditional on surrender before the Superintendent of Prison, Central Prison, Palayamkottai by 30.06.2025 at 10.00 a.m., daily reporting before Kallidaikurichi Police Station at 7.00 a.m. and 7.00 p.m., production of documents along with a copy of the order before the jail authorities, and adherence to all Jail Manual conditions. No costs.

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W.P.Crl(MD) No.270 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND

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THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P.Crl(MD)No.270 of 2025

Mary

... Petitioner

-Vs-

1.The Home Secretary, Home Department(Prison) Secretariat, Fort St.George, Chennai-600 009.

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2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant emergency leave without escort to the petitioner's husband Rebens Samuvelraj, son of Deva Asirvatham, PID No.286943.

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https://www.mhc.tn.gov.in/judis

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W.P.Crl(MD) No.270 of 2025

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For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)

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Prayer in this writ petition is to direct the respondents to grant emergency leave without police escort to the petitioner's husband namely, Rebens Samuvelraj, son of Deva Asirvatham, life convict, bearing Convict PID No. 286943 confined at Central Prison, Palayamkottai.

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When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the representation of the petitioner was considered and he has been granted emergency leave for three (3) days with escort to visit his bedridden mother. He has also produced the photocopy of the order dated 17.06.2023.

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3.The learned counsel appearing for the petitioner would submit that earlier the convict was granted ordinary leave, pursuant to the order passed by this Court in W.P(MD)No.20284 of 2024 dated 05.09.2024, where an ordinary leave

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https://www.mhc.tn.gov.in/judis

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W.P.Crl(MD) No.270 of 2025

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was granted to the convict without escort and hence, he prays for leave without escort.

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Recording the submission made by the learned Additional Public

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Prosecutor and considering the purpose for which the leave sought is for, we are inclined to grant three(3) days emergency leave to the petitioner's husband to visit his bedridden mother without escort.

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5 . Accordingly, the writ petition is disposed of with the following directions:

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(i) The respondents are directed to grant three(3) days emergency leave to the petitioner's husband, namely, Rebens Samuvelraj, son of Deva Asirvatham, from 27.06.2025 to 29.06.2025.

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(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai / third respondent, by 30.06.2025 at 10.00 am.,

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(iii) During the leave period, the convict prisoner shall report before the Kallidaikurichi Police Station everyday at 7.00

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a.m., and 7.00 p.m., without fail.

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https://www.mhc.tn.gov.in/judis

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W.P.Crl(MD) No.270 of 2025