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2026 DAILYLAW 76395 (MAD)

Rajakumar v. The Home Secretary

WP Crl./729/2025 · 2026-01-05

M Jothiraman, P Velmurugan

Writ Petition (Criminal)body2026

Judgment text

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WP Crl. No.729 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP Crl. No.729 of 2025 Rajakumar S/o.Sagar Sahani Baraipura, Begusari Bihar - 848 204 Petitioner Vs 1. The Home Secretary, Home Department (Prison) Secretariat, Fort St.George Chennai - 600 009. 2. The Director General of Prisons No.1, Gandhi Irwin Road, Egmore Chennai - 600008. 3.The Superintendent of Prison Central Prison, Coimbatore. 4.The Superintendent of Prison Special Central Jail, Bhagalpur, Bihar Respondents Writ Petition Criminal filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to permanently transfer the petitioner’s brother S.Durkesh Kumar, S/o.Sagar Sahani, CT No.19571, from Central Prison, Coimbatore, Tamil Nadu to Special Central Jail, Bhagalpur, Bihar. For Petitioner: Mr.P.M.Basil https://www.mhc.tn.gov.in/judis WP Crl. No.729 of 2025 For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by P.Velmurugan J.) The present writ petition (criminal) has been filed seeking for a direction to the respondents to permanently transfer the petitioner’s brother S.Durkesh Kumar, S/o.Sagar Sahani, CT No.19571, from Central Prison, Coimbatore, Tamil Nadu to the Special Central Jail at Bhagalpur, Bihar. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3. The learned Additional Public Prosecutor would submit that the respondents have sent communications to the Director General of Prisons and Correctional Services, Bihar seeking for concurrence to accommodate the petitioner’s brother, namely, Mr.S.Durkesh Kumar, S/o.Sagar Sahani, CT No.19571 in the Special Central Prison, Bhagalpur, Bihar and they are yet to receive the reply in this regard. 4. In view of the above, the respondents 1 to 3 are directed to consider the petitioner’s representation and do the needful for transfer of the petitioner’s brother, namely, Mr.S.Durkesh Kumar, S/o.Sagar Sahani, CT No.19571 from https://www.mhc.tn.gov.in/judis WP Crl. No.729 of 2025 the Central Jail, Coimbatore to the Special Central Jail, Bhagalpur, Bihar after getting necessary concurrence in this regard. 5. The writ petition (criminal) stands disposed of with the above direction. (P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 05-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ss To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009. 2.The Director General of Prisons No.1, Gandhi Irwin Road, Egmore, Chenani - 600008. 3.The Superintendent of Prison, Central Prison, Coimbatore. 4.The Superintendent of Prison, Special Central Jail, Bhagalpur, Bihar. 5. The Public Prosecutor High Court, Madras https://www.mhc.tn.gov.in/judis WP Crl. No.729 of 2025 P.VELMURUGAN J. AND M.JOTHIRAMAN J. ss WP Crl. No. 729 of 2025 05-01-2026 https://www.mhc.tn.gov.in/judis