Keerthana v. The Deputy Inspector General Of Prisons,
2026:MHC:1655
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Keerthana W/o.Tamilnesan, 2/163B, Vellai Vinayagar Nagar, Pulivalam taluk, Thiruvarur District-61010.
..Petitioner(s) Vs
1. The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.
2. The Superintendent of Prison, Central Prison, Coimbatore.
..Respondent(s) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS calling for the records in the order no.725/tha.ku.3/2026 dated 17.04.2026 passed by respondent No.2 and quashing the same, and directing the respondents to grant 6 days emergency leave for the petitioner namely Tamilnesan S/o.Subramaniyan aged 38 years Convict Prisoner, PID 383725, Central Prison, Coimbatore and pass such and thus render justice.
For Petitioner(s):
S.Nadhiya For Respondent(s):
Mr.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
O R D E R
(Order of the Court was made by Dr.Anita Sumanth J.) The wife of one Tamilnesan, S/o Subramaniyan, who is confined at Central Prison, Coimbatore has filed this Writ Petition challenging order dated 17.04.2026, where the request for emergency leave on medical grounds has been rejected.
2. The history to the matter is that the petitioner had approached this Court even earlier in W.P.No.848 of 2026 seeking a mandamus for grant of 6 days emergency leave to Tamilnesan. That Writ Petition was disposed on 16.04.2026 directing the authorities to consider the application expeditiously and dispose the same within 48 hours, as the reason was that the health of the child aged 1 1⁄2 years, son of the petitioner, was critical.
3. It is pursuant to that order, that impugned order dated 17.04.2026 has been passed. The reason set out for rejection of leave is that the authorities apprehend threat to the life and security of the convict.
4. To be noted, that the convict was implicated in Emu Kozhi scam and was convicted under judgment dated 05.08.2021 by the TNPID Court, Coimbatore. That judgment has attained finality.
5. In the aforesaid circumstances and to balance the interests of both parties, we are inclined to grant the convict emergency leave of 3 days in terms of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 to attend to the health of the child. Having regard to the reasons for which the emergency leave had been rejected in the first place, the convict is granted emergency leave with minimum escort.
6. Accordingly, impugned order dated 17.04.2026 is set aside and emergency leave of 3 days with minimum escort is granted to the convict, though on the following conditions:
(i) Upon deposit of the escort charges by the petitioner/convict in advance, the respondents are directed to release the Convict Prisoner viz., Tamilnesan, S/o.Subramaniyan, aged 38 years, confined at Central Prison, Coimbatore on emergency Leave for 3 days i.e., from 30.04.2026 to 02.05.2026.
(ii) The Convict Prisoner shall be released on 30.04.2026 at 10.00 am and he shall surrender before the Central Prison, Coimbatore on 03.05.2026 before 10.00 a.m.
(iii) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. This Writ Petition is disposed as above.
(A.S.M.,J.) (S.M.,J.) 29-04-2026 Index: Yes/No Speaking order Note: Issue today.
SL To To
1. The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.
2. The Superintendent of Prison, Central Prison, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL 29-04-2026