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Madras High CourtWP Crl.(MD)/109/2026disposed of

Manickam v. The Deputy Inspector General Of Prison,

2026-01-09Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Manickam ... Petitioner -vs1.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range Central Prison, New Jail Road, Madurai.

2. The Superintendent of Prison Central Prison Palayamkottai, Tirunelveli District.

3. The Superintendent of Police Tirunelveli District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus to call for the records pertaining to the impugned order passed by the first respondent in No.948/Vu.tha.2/2025 dated 17.10.2025 and quash the same as bad in law and further direct the respondents to grant ordinary leave to the petitioner's husband for the period of 40 days without escort who is a life convict namely Nadarajan, S/o. Perumal Pandi, (LCT.No.1154) by considering the representation dated 30.12.2025.

For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the first respondent in No.948/Vu.tha.2/2025 dated 17.10.2025 and direct the respondents to grant ordinary leave to the petitioner's husband for the period of 40 days without escort who is a life convict namely Nadarajan, S/o. Perumal Pandi, (LCT.No.1154) by considering the representation dated 30.12.2025.

2. It is the case of the petitioner that her husband was convicted by the learned Principal District and Sessions Judge, Tirunelveli in S.C. No.234 of 2007 dated 30.07.2007 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has also filed an appeal before this Court in Crl.A(MD) No.330 of 2009 and the same was confirmed by this Court on 08.07.2009. The convict has also preferred an appeal before the Hon'ble Supreme Court and the same was also dismissed. The petitioner submitted an application seeking ordinary leave for a period of 40 days for her husband. After considering the request made by the petitioner, the first respondent granted 40 days ordinary leave to the convict

with escort. The petitioner, being a poor person, could not afford the cost of escort.

3. In view of the above, the condition imposed in the order dated 07.10.2025 directing the convict to go on ordinary leave with escort is modified and the convict shall go on ordinary leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, Kalugumalai Police Station daily at 05.30 p.m. till the completion of leave period. He shall duly comply with the conditions and return to the prison on expiry of the leave period.

4. Accordingly, the order of the first respondent dated 17.10.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

[G.K.I., J.] [R.P., J.] 09.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 09.01.2026

To:

1.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range Central Prison, New Jail Road, Madurai.

2. The Superintendent of Prison Central Prison Palayamkottai, Tirunelveli District.

3. The Superintendent of Police Tirunelveli District 4.The Inspector of Police Kalugmalai Police Station Thoothukudi District

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 09.01.2026