[Cites 1, Cited by 0]
Madras High Court
Priya .S vs The Home Secretary on 16 March, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
WP CRL.(MD). No.1474 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 16/03/2026
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR. JUSTICE P. DHANABAL
WP CRL.(MD). No.1474 of 2026
Priya .S, ... 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-625001..
3. The Superintendent of Prison,,
Central Prison,
Palayamkottai - 627 007..
4. The Inspector of Police,
Kovilpatti East Police Station,
Thoothukudi District.. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
WP CRL.(MD). No.1474 of 2026
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.1335/Utha.2/2025(RO-
MDU/1335/2025-G2) issued by the second respondent dated 31.12.2025
quash the same and consequently direct the second respondent to grant
28 days ordinary leave without escort to the petitioner's brother Velu,
S/o.Murugan, PID No.16994, confined at Central Prison, Palayamkottai.
For Petitioner : Mr.P.M.Basil,
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed challenging the impugned
proceedings of the second respondent made in No. 1335/Utha.
2/2025(RO-MDU/1335/2025-G2) dated 31.12.2025 and for
consequential direction to the second respondent to grant 28 days
ordinary leave without escort to the petitioner's brother who is confined
at Central Prison, Palayamkottai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
2. Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondents.
3. The petitioner's brother is a life convict and the petitioner
submitted a representation dated 02.12.2025 to the third respondent
seeking ordinary leave without escort, since the mother was facing
serious mental ailment after the demise of her husband and the petitioner
was not able to manage the financial requirements to meet the medical
expenses. Therefore, the petitioner wanted to assistance of the detenu and
accordingly sought for 28 days ordinary leave.
4. The second respondent through the impugned proceedings dated
31.12.2025 rejected the representation mainly on the ground that the
police has objected to granting ordinary leave to the detenu. Aggrieved
by the same, the present writ petition has been filed before this Court.
5. The learned Additional Public Prosecutor appearing for the
respondents submitted that this is the first time the dentenu is availing
ordinary leave and the Probation Officer has also not recommended for
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
grant of ordinary leave. Apart from that earlier writ petition in
W.P.Crl(MD).No.994 of 2025, filed for the very same purpose came to
be rejected by an order dated 13.10.2025.
6. This Court has carefully considered the submissions made on
either side and the materials available on record.
7. In our considered view, the detenu has already served sentence
for nearly 12 years and not even once he has availed of any leave. Apart
from that, the detenu has to meet his mother who is in a mental
depression after the demise of her husband. The petitioner, who is sister
of the detenu is managing the situation singly handedly and therefore,
some assistance is required from the detenue and therefore, we are
inclined to interfere with the impugned proceedings of the second
respondent dated 13.12.2025.
8. In the result, the impugned proceedings of the second
respondent is made in 1335/Utha.2/2025(RO-MDU/1335/2025-G2)
dated 31.12.2025 is hereby set aside and there shall be a direction to the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
second respondent to grant 28 days ordinary leave to the detenu without
police escort by imposing a condition that the detenu will report before
the fourth respondent, namely, the Inspector of Police, Kovilpatti East
Police Station, Thoothukudi District, every day at 06.00 p.m for entire
ordinary leave period. Apart from that the detenu is permitted to
submit the two blood sureties before the Superintendent of Prison,
Central Prison, Palayamkottai.
9. This Writ Petition is allowed with the above terms.
[N.A.V., J.] & [P.D.B., J ]
16.03.2026
NCC : Yes / No
Index : Yes / No
tta
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
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-625001..
3. The Superintendent of Prison,,
Central Prison,
Palayamkottai - 627 007..
4. The Inspector of Police,
Kovilpatti East Police Station,
Thoothukudi District..
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
N.ANAND VENKATESH,J
AND
P. DHANABAL,J
tta
ORDER
IN
Date : 16/03/2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 07:19:05 pm )
