← Library
Madras High CourtWP Crl./874/2026disposed of

Lakshmi v. The State Represented By Its,

2026-04-17Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice Sunder Mohan4 pages

2026:MHC:1508

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN AND WPMP CRL. NO. 292 OF 2026 Lakshmi W/o.Krishnan, D.No.87 L Thagur Street, Mullaivadi, Vadakkukadu, Attur, Salem - 636 401.

..Petitioner(s) Vs The State represented by its,

1. The Director Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

2. The Superintendent, Salem Central Prison, Salem - 636 007.

..Respondent(s) Prayer:

Writ petition filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order bearing No.233/ta.ku-4/2025 dated 25.02.2026, passed by the 2nd respondent and quash the same and consecutively direct the 2nd respondent to grant Emergency leave for 15 days without escort to the detenu,

Muniraj S/o.Krishnan, aged about 47 years, convict No.47499, detained at Central Prison, Salem and pass such further or other orders as this Hon'ble Court may deem fit to the circumstances of the case and thus render justice. For Petitioner(s):

Mr.M.Ezhilarasu for Mr.P.Bakiyaraj For Respondent(s):

Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr.M. Sylvester John

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) The challenge is to order dated 25.02.2026 rejecting the request of the mother of one Muniraj, Son of Krishnan, convict prisoner in Central Prison, Salem for emergency leave.

2. The grounds set out in representation dated 13.02.2026 are medical. However, according to the authorities, the said grounds do not illustrate a case of 'serious illness' as required under Rule 3 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short 'Rules').

3. However, Mr.Muniyapparaj, learned Additional Public Prosecutor, who appears for the respondents is willing to accept that the authorities may relook into the matter subject to sufficient proof of medical illness being produced by the convict.

4. Hence, while setting aside the impugned order dated 25.02.2026, we direct the authorities to re-consider representation dated 13.02.2026 of the mother of the convict for emergency leave. The authorities are at liberty to seek such additional medical particulars from the convict in order to ensure that the conditions under Rule 3 of the Rules are satisfied.

5. This Writ Petition is disposed in terms of this order. Connected Miscellaneous Petition is closed.

(A.S.M.,J.) (S.M.,J.) 17-04-2026 sl Index: Yes/No Speaking order To

1. The Director Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

2. The Superintendent, Salem Central Prison, Salem - 636 007.

3. The Public Prosecutor, High Court of Madras.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

sl AND WPMP CRL. NO. 292 OF 2026 17-04-2026