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2025 DAILYLAW 197256 (MAD)

Ramachandran v. The State rep.by its, The Secretary to the Government of Tamilnadu

WP Crl./1793/2025 · 2025-12-26

P Dhanabal, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.No.1793 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.12.2025 CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE P. DHANABA L W.P. Crl. No. 1793 of 2025 Ramachandran ... Petitioner Vs. The State represented by its, 1. The Secretary to the Government of Tamil Nadu, Home (Prison IV) Department, The Secretariat of Tamil Nadu, Chennai – 600 009. 2. The Deputy Inspector General of Prison (DIG), Coimbatore Range, Coimbatore Central Prison, Coimbatore – 641 018. 3. The Superintendent, Salem Central Prison, Salem – 636 008. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order bearing No.1634896/Tha.Ku/4 2025 dated 31.10.2025 passed by the 1st respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days without escort to the detenue Raja @ Periyasamy S/o. Ramachandran, aged about 51 years, PID.No.300711, detained at Central Prison, Coimbatore and pass such further or other orders. p. 2 W.P.Crl.No.1793 of 2025 For Petitioner : Ms.Akshaya.K. for M/s.S.Manoharan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted to quash the order dated 31.10.2025 passed by the first respondent and consequently to direct the respondents to grant ordinary leave for 30 days without escort to the detenue viz., Raja @ Periyasamy S/o. Ramachandran, aged about 51 years, PID.No.300711, detained at Central Prison, Coimbatore 2. The learned counsel for the petitioner would submit that the prisoner is in prison for about five years without any adverse conduct and is maintaining good conduct inside the prison. The learned counsel submits that the prison authorities have granted ordinary leave for 21 day with escort. According to learned counsel, the leave granted with escort may cause discomfort to prisoner and to his family members and therefore, the present writ petition has been filed seeking modification of the condition viz., granting leave with escort. p. 3 W.P.Crl.No.1793 of 2025 3. The learned Additional Public Prosecutor would oppose by stating that though the prisoner is undergoing imprisonment for the past five years without any adverse conduct, as the leave has been granted for the first time, the Authorities have granted leave with escort. 4. This Court has considered the rival submissions made between the parties. 5. Considering the fact that the prisoner is in prison for about five years and has not previously committed any prison offence or misconduct inside the prison, granting the leave with escort is unnecessary and he may not be able to spent time with his family in a peaceful manner. This being the factum, this Court is inclined to relax the condition in respect of providing escort while availing the ordinary leave for 21 days. 6. Accordingly, the impugned order stands modified by deleting the condition regarding the providing of escort while availing the 21 days of ordinary leave. However, the convict prisoner shall report before the B4, Annadhanapatty Police Station, on alternate days at 06.00pm. p. 4 W.P.Crl.No.1793 of 2025 Accordingly, the writ petition stands allowed. No Costs. [S.M.S., J.] [P.D.B., J.] 26.12.2025 (2/2) Index: Yes Speaking/Non-speaking order veda/gpa p. 5 W.P.Crl.No.1793 of 2025 To 1. The Secretary to the Government of Tamil Nadu, Home (Prison IV) Department, The Secretariat of Tamil Nadu, Chennai – 600 009. 2. The Deputy Inspector General of Prison (DIG), Coimbatore Range, Coimbatore Central Prison, Coimbatore – 641 018. 3. The Superintendent, Salem Central Prison, Salem – 636 008. 4. The Public Prosecutor, Madras High Court, Chennai - 104. p. 6 W.P.Crl.No.1793 of 2025 S.M.SUBRAMANIAM, J. AND P. DHANABAL.J. veda/gpa W.P.Crl.No.1793 of 2025 26.12.2025 (2/2)