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1986 DAILYLAW 520 (MAD)

Padma Rajeshwari v. The Home Secretary

WP Crl.(MD)/1986/2026 · 2026-04-09

K K Ramakrishnan, N Anand Venkatesh

Transfer Petitionbody1986

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.CRl..(MD).No.1986 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.1986 of 2026 Padma Rajeshwari ...... 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 - 627007. 4.The Inspector of Police, Solavaram Police Station, Chennai. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's brother Sankar, S/o. Sivathanu, PID No.297095, Convict Prisoner, aged 54 confined at Central Prison, Palayamkottai. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.1986 of 2026 For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 3rd respondent to consider the representation made by the petitioner, wherein the petitioner has sought 28 days ordinary leave without escort for his brother, who is a life convict, presently serving sentence at Central Prison, Palayamkottai. 2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced a copy of the proceedings of the second respondent, dated 09.04.2026, wherein the convict has been granted 28 days Ordinary Leave with escort. 3. The learned Additional Public Prosecutor submitted that the convict is going to go on ordinary leave for the first time and therefore, the ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.1986 of 2026 second respondent thought it fit to impose a condition that the convict must be accompanied by an escort. 4. This Court carefully considered the submissions made by either side and the materials available on record. 5. Considering the reason for which, the Ordinary Leave has been sought and taking note of the fact that the convict has already served his sentence for more than five years, we are inclined to modify the condition imposed by the second respondent in the proceedings, dated 09.04.2026. Accordingly, the convict shall report before the fourth respondent Police Station daily at 6.00 PM during the entire period of ordinary leave. Apart from that condition, the detenue is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Palayamkottai, instead of executing the sureties before the Tahsildar, and the two sureties shall be family members of the detenue. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.1986 of 2026 6. This Writ Petition (Criminal) is disposed of with the above directions. No costs. [N.A.V., J.] & [K.K.R.K., J.] 09.04.2026 NCC : Yes / No Index : Yes / No Indu 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 - 627007. 4.The Inspector of Police, Solavaram Police Station, Chennai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.1986 of 2026 N.ANAND VENKATESH, J. AND K.K.RAMAKRISHNAN, J. Indu W.P.Crl.(MD).No.1986 of 2026 09.04.2026 ____________ https://www.mhc.tn.gov.in/judis