Rajashree v. The Home Secretary

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the proceedings of the second respondent made in No.461/Utha.2/2026, dated 05.05.2026 and for a consequential direction to the respondents to grant 21 days ordinary leave without escort to the petitioner's father, who is presently serving his sentence at Central Prison, Palayamkottai.

¶2Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

¶3The petitioner's father is a life convict, who is undergoing sentence at Central Prison, Palayamkottai. The petitioner submitted a representation seeking ordinary leave to her father on the ground that the convict's mother is suffering from an illness and that she requires the physical and emotional support of the convict. The second respondent, on receipt of the said representation, rejected the request by proceedings dated

05.05.2026 on the ground that the Probation Officer had not recommended for ordinary leave. Aggrieved by the same, the present Writ Petition has been filed before this Court.

¶4The learned Counsel for State of TN (Crl.Side), on instructions, submitted that the convict has undergone sentence of 3 years, 11 months and 2 days and that earlier he was granted emergency leave once.

¶5Taking into consideration the facts and circumstances of this case and considering the reason for which the ordinary leave has been sought for and taking note of the fact that emergency leave was earlier granted once to the convict and nothing untoward took place, we are inclined to interfere with the proceedings of the second respondent dated

05.05.2026 and the same is hereby quashed. There shall be a direction to the second respondent to grant 21 days ordinary leave to the convict, subject to the condition that he shall report before the second respondent Police daily at 5.00 PM during the entire ordinary leave period.

¶6This Writ Petition (Criminal) is allowed with the above directions. No costs.

[N.A.V., J.] & [K.K.R.K., J.]

18.06.2026 NCC : Yes / No Index : Yes / No Indu To

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 -625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, oooMadurai. N.ANANDoVENKATESH,oJ. AND K.K.RAMAKRISHNAN,oJ. Indu W.P.Crl.(MD).No.3221oofo2026

18.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3221 of 2026 Rajashree ...... 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 -625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007. 4.The Inspector of Police, Sivagiri Police Station, Tenkasi District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.461/Utha.2/2026, Dated 05.05.2026 issued by the second respondent and quash the same and consequently direct the respondents to grant 21 days ordinary leave without Police escort and conditions to the petitioner's father Murugan, S/o.Govindha Thevar, PID No.435347. For Petitioner : M/s.M.Nandhini For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)