Madras High Court
P.Thavasikani vs The Home Secretary on 28 May, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD) No.14726 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.14726 of 2025
P.Thavasikani ... Petitioner
-vs-
1.The Home Secretary
Home Department (Prison)
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 ... 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
proceedings in No.396/UTha.2/2025 by the second respondent dated
08.04.2025, quash the same consequently direct the respondents to grant 28
days ordinary leave without escort to the petitioner's brother, Raja @
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W.P.(MD) No.14726 of 2025
Ashokkumar, S/o.Paulpandian, Convict No.4644, PID No.239023, presently
confined in Central Prison, Palayamkottai.
For Petitioner : Mr.P.M.Basil
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed challenging the proceedings of the
second respondent, bearing No.396/UTha.2/2025, dated 08.04.2025, and for
a consequential direction to the respondents to grant 28 days ordinary leave
without escort to the petitioner's brother, who is a life convict and presently
lodged at Central Prison, Palayamkottai.
2. Heard Mr.P.M.Basil, learned counsel for the petitioner and
Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the
respondents.
3. The petitioner's brother was convicted for the offence under
Sections 302, 148 and 149 read with 302 I.P.C. and sentenced to undergo life
imprisonment for the offence under Section 302 I.P.C., and Section 149 read
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with Section 302 I.P.C., and to undergo three years rigorous imprisonment for
the offence under Section 148 I.P.C., by the learned Principal District and
Sessions Judge, Tirunelveli, in S.C.No.600 of 2014, by Judgment dated
17.02.2020. The said conviction and sentence was confirmed by this Court in
Crl.A.(MD) No.386 of 2021, by Judgment dated 08.11.2022 and it was further
confirmed by the Apex Court. The petitioner's brother is presently undergoing
the sentence at Central Prison, Palayamkottai.
4. The petitioner submitted a representation to the second
respondent seeking ordinary leave without police escort for her brother in
order to sell a property and to carry out repair works in the family house. In
consideration of the said representation, the impugned proceedings dated
08.04.2025 came to be passed by the second respondent granting 28 days
ordinary leave with police escort to the petitioner's brother. The main
grievance expressed by the petitioner is with respect to the police escort that
was made as a condition for the ordinary leave granted to the petitioner's
brother.
5. It is brought to the notice of this Court that a report has been
given by the Probation Officer, Nagercoil, wherein there are no adverse
remarks against the petitioner's brother. Considering the purpose, for which
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the petitioner's brother is required, it will not be appropriate for the police
escort to accompany the petitioner's brother.
6. In view of the above, we are inclined to modify the condition
imposed by the second respondent in the impugned proceedings with respect
to the police escort that was insisted during the ordinary leave period and
instead, there shall be a direction to the petitioner's brother to report before
the Inspector of Police, Nesamani Nagar Police Station, Kanyakumari District,
daily at 05.30 p.m., during the entire period for which the petitioner's brother
has been granted ordinary leave. The other conditions imposed shall stand as
it is.
7. With the above direction, this writ petition is disposed of. No
costs.
[N.A.V., J.] [L.V.G., J.]
28.05.2025
(2/2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Note to Office:
Issue order copy by 29.05.2025.
krk
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To:
1.The Home Secretary,
Home Department (Prison),
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,
Nesamani Nagar Police Station,
Kanyakumari District.
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N.ANAND VENKATESH, J.
AND
L.VICTORIA GOWRI, J.
krk
28.05.2025
(2/2)
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