A writ petition sought leave without escort for the petitioner's convict husband after authorities granted 28 days leave with escort. The court disposed of it by directing grant of 21 days ordinary leave without escort, with daily police reporting and Jail Manual conditions.
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W.P.Crl(MD)No.870 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :07.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl(MD)No.870 of 2025
Shoba Esthar
... Petitioner
-Vs-
1.The Home Secretary, Government of Tamil Nadu, Secretariat, Fort St.George,
Chennai-600 009.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625001.
3.The Superintendant of Prison, Central Prison, Palayamkottai-627007. ... 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.764/Utha.2/2025, dated 22.07.2025 issued by the second respondent quash the same and consequently direct the respondents to grant 28
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W.P.Crl(MD)No.870 of 2025
days ordinary leave without escort to the petitioner's husband Prince, S/o.Vedhanayagam, PID No.172799.
For Petitioner : Mr.P.M.Basil
For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)
Challenge is made to the order dated 22.07.2025 passed in No.764/Utha. 2/2025, by the second respondent granting 28 days of ordinary leave with escort to the petitioner's husband.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned Additional Public Prosecutor appearing for the respondents submitted that the request of the petitioner had been considered and 28 days ordinary leave has been granted with escort to the convict prisoner to arrange his family necessities.
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W.P.Crl(MD)No.870 of 2025
4.The learned counsel appearing for the petitioner would submit that the convict prisoner was earlier granted emergency leave without escort and during such time, no untoward incident had happened and hence, he prays for without escort.
5.Taking into consideration of the submission made by the learned Additional Public Prosecutor and considering the purpose that the presence of the convict prisoner is required to arrange his family necessities, we are inclined to direct the respondents to grant 21 days ordinary leave to the petitioner's husband, without escort.
(i) The respondents are directed to grant twenty one days ordinary leave to the petitioner's husband, namely, Prince, S/o.Vedhanayagam, from 13.08.2025 to 02.09.2025. The convict prisoner shall be released from the prison on 12.08.2025 at 05.30 p.m.
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W.P.Crl(MD)No.870 of 2025
(ii) He shall report back to the Superintendent of Prison, Central Prison, Palayamkottai/ third respondent, by 03.09.2025 at 10.00 a.m.
(iii) During the leave period, the convict prisoner shall appear before the Inspector of Police, Aralvoimozhi Police Station everyday at 07.00 p.m., without fail.
(vi) No costs.
[A.D.J.C., J.] & [R.P., J.] 07.08.2025
NCC : Yes / No Index : Yes / No cp
Note:Issue order copy on 11.08.2025
To
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W.P.Crl(MD)No.870 of 2025
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W.P.Crl(MD)No.870 of 2025
A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA , J.
cp
W.P.Crl(MD)No.870 of 2025
07.08.2025
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1 issue framed by the court
Whether ordinary leave for a convict prisoner should be granted without escort despite the prison authorities' grant with escort?
1 provisions across 1 enactments
Shoba Esthar
The Home Secretary, Government of Tamil Nadu
The Deputy Inspector General of Prisons, Madurai Range, Madurai
The Superintendant of Prison, Central Prison, Palayamkottai
A.D. Jagadish Chandira
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
