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2025 Supreme(Online)(Mad) 71986

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
M.SHALINI – Appellant
Versus
The Home Secretary – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.12.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W .P ( Crl) . No.1 436 of 2025 a nd W.M.P.No.702 of 2025 M.Shalini ... Petitioner Vs.

1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai – 600 009.

2. The Inspector of General of Prisons, Prison Head Quarters, Egmore, Chennai – 600 008.

3. The Superintendent of Prison, Central Prison I, Puzhal, Chennai – 600 066. ... Respondents Prayer: This Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings in CP-PU1/3254/2025-R2 dated 18.10.2025 by the third respondent and quash the same and consequently direct the third respondent to grant 15 days emergency leave without escort to the petitioner’s husband Ranjitkumar s/o Velmurugen (Conviction No.10000, PID No.503862), presently confined at Central Prison-I, Chennai.

For Petitioner : Mr.P.M.Basil – No Appearance For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor, Assisted by Mr.M.Sylvester John ******* ORDER (Order of the Court was made by P.VELMURUGAN, J.)

This writ petition has been filed seeking to quash the impugned order dated

18.10.2025 passed by the third respondent, whereby the request of the convict prisoner one Ranjithkumar, husband of the writ petitioner, seeking emergency leave for 15 days, has been rejected.

2 According to petitioner, her husband, who is a convict prisoner, made a request before the police authorities to grant emergency leave for 15 days to mobilise fund for Heart Surgery of his father. Meanwhile, on 12.10.2025 the father of the convict prisoner died and the third respondent also rejected the request of the convict prisoner vide impugned order dated 18.10.2025. Now the petitioner’s husband the convict prisoner has to perform the post-death rituals of his father and hence the petitioner is before this Court seeking directions to the respondents to grant leave for 15 days to the convict prisoner Ranjthikumar, who is confined in Central Prison-I, Puzhal, Chennai.

3 We have carefully perused the impugned order passed by the third respondent, wherein, the third respondent, vide the impugned order dated 18.10.2025, has only requested the convict prisoner to send the medical certificates, to enable them to consider the request of the convict prisoner seeking emergency leave on the medical grounds, since the convict petitioner sought leave citing medical grounds. Therefore this Court does not find any perversity in the order passed by the third respondent. 4 However from the perusal of the affidavit filed by the petitioner, it is seen that subsequent to the request made by the convict prisoner, his father died on 12.10.2025 and hence the petitioner is seeking directions to the respondents to grant emergency leave for 15 days to the convict prisoner to perform the post-death rituals. However, the petitioner has not stated as to whether the death of the convict prisoner’s father has been informed to the prison authorities and the same remains silent in the affidavit filed by the petitioner. Hence the petitioner and the convict prisoner are at liberty to approach the prison authorities informing the death of the father of the convict prisoner and seek appropriate leave. If any such request is made by the convict prisoner or the petitioner, the prison authorities is directed to consider the same and pass orders on merits in accordance with law immediately without any delay.

5 With the above directions, this Writ Petition stands dismissed.

Consequently connected miscellaneous petition is closed.

[PVJ] [MJRJ]

02.12.2025 cgi To

1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai – 600 009.

2. The Inspector of General of Prisons, Prison Head Quarters, Egmore, Chennai – 600 008.

3. The Superintendent of Prison, Central Prison I, Puzhal, C

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