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2025 DAILYLAW 183149 (MAD)

Vailat Rani.S v. The Home Secretary,

WP Crl./294/2025 · 2025-12-17

M Jothiraman, P Velmurugan

Writ Petition (Criminal)body2025

Judgment text

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W.P.(Crl).No.294 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 17.12.2025 Coram: THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(Crl).No.294 of 2025 and W.P.M.P.(Crl).No.125 of 2025 --- Vailat Rani, W/o Sekar .. Petitioner Vs. 1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009. 2. The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai-600 008. 3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai-600 066. .. Respondents Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the third respondent in his proceedings made in letter dated 16.05.2025 and quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort, to Mr.Ganesh, S/o Sekar, Page No. 1 / 4 https://www.mhc.tn.gov.in/judis W.P.(Crl).No.294 of 2025 who is currently incarcerated at Central Prison, Puzhal-I, Chennai, bearing Convict No.10180 and PID No.530255. For petitioner : M/s.Ambruse.L For respondents: Mr.R.Muniyapparaj, Addl.P.P assisted by Mr.M.Sylvester John ORDER (The Order of the Court was made by P.Velmurugan,J) Challenging the rejection of the leave to the detenue, passed by the third respondent, this Writ Petition is filed by the mother of the detenue- Ganesh, S/o Sekar. 2. From the rejection order, it is seen that the convict is not eligible for ordinary leave, since he has not completed the sentence of imprisonment for three years. Therefore, for getting ordinary leave, the convict has to complete minimum three years of sentence of imprisonment. Since the detenue-convict has not completed three years of sentence of imprisonment, the representation seeking leave, was rejected by the third respondent under Rule 22(1)(c) of the Tamil Nadu Suspension of Sentence Rules, dealing with eligibility of the prisoners for "ordinary leave". Page No. 2 / 4 https://www.mhc.tn.gov.in/judis W.P.(Crl).No.294 of 2025 3. In view of the foregoing reason, this Court does not find any illegality or perversity in the impugned order passed by the third respondent. Hence, this Writ Petition is dismissed. The petitioner or the detenue, is at liberty to move application for leave after completion of three years of imprisonment. The miscellaneous petition is closed. (P.V., J) (M.J.R., J) 17.12.2025 cs To 1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009. 2. The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai-600 008. 3. The Superintendent of Prison, Central Prison-I, Puzhal, Chennai-600 066. 4. The Public Prosecutor, High Court, Madras. Page No. 3 / 4 https://www.mhc.tn.gov.in/judis W.P.(Crl).No.294 of 2025 P.VELMURUGAN, J and M.JOTHIRAMAN, J cs W.P.(Crl).No.294 of 2025 17.12.2025 Page No. 4 / 4 https://www.mhc.tn.gov.in/judis