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W.P.Crl.No.1787 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.DHANABAL

W.P.Crl.No.1787 of 2025

Mrs.Mahalakshmi ... Petitioner

Vs.

1. The State rep. By its

The Deputy Inspector General of Prison

Chennai Range

Gandhi Irwin Road, Egmore

Chennai -9

2. The Superintendent of Prison

Central Prison at Puzhal -I

Chennai – 600 066 ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Certiorarified Mandamus to call for the records

pertaining with Proceedings No.4006/ta.ku.2/2025 dated 22.11.2025 passed

by the second respondent , quash the same and consequently direct the

respondents to grant 21 days leave without escort to the husband of the

petition/convict, namely Mr.Krishnan, S/o.Narayanan (CT No.8275) PID

No.308727.

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W.P.Crl.No.1787 of 2025

For Petitioner : Mr.M.Mohamed Saifulla

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.

The impugned order dated 22.11.2025 granting Ordinary Leave to the

prisoner for 21 days with escort came to be challenged in the present writ

proceedings.

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 though the prison authorities granted ordinary leave for 21 days, they

have imposed two conditions viz., to execute the bond as well as with escort.

According to learned counsel, the prisoner is ready to execute the bond but

the leave granted with escort may cause discomfort to him and to his family

members and therefore, the present writ petition has been filed seeking

modification of the condition viz., granting leave with escort.

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W.P.Crl.No.1787 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 and also the fact that the prisoner has not availed any leave

and continuously in 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 prisoner shall execute the bond as stated in the

impugned order. The convict prisoner shall report before the H3,

Thandaiyarpet Police Station, Chennai-21 on alternate days at 11.00am.

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W.P.Crl.No.1787 of 2025

With the above direction, this writ petition stands allowed.

(S.M.S., J.) (P.D.B., J.)

26.12.2025

Internet : Yes/No

Index : Yes / No

Speaking Order / Nonspeaking order

Neutral Citation : Yes / No

gpa

To

The Deputy Inspector General of Prison

Chennai Range

Gandhi Irwin Road, Egmore

Chennai -9

2. The Superintendent of Prison

Central Prison at Puzhal -I

Chennai – 600 066

3. The Public Prosecutor

Madras High Court

Chennai-104

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W.P.Crl.No.1787 of 2025

S.M.SUBRAMANIAM, J.

and

P.DHANABAL, J.

gpa

W.P.Crl.No.1787 of 2025

26.12.2025

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