Malathi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA and W.M.P.Crl.(MD)No.19 of 2026 Malathi ... Petitioner -vs1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Deputy Inspector General of Prisons and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police,

5.The Inspector of Police, Uchipuli Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the order passed by the second respondent in No.704/cj.2/2025 dated 13.10.2025 and quash the same and consequently directing the second and third respondents to grant 21 days ordinary leave without escort to the petitioner's husband namely Alex @ Alexpandi, S/o.Subramani, life convict prisoner (C.P.No.5732) (PID No.60451). For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(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 second respondent in No.704/cj.2/2025 dated 13.10.2025 and direct the second and third respondents to grant 21 days ordinary leave without escort to the petitioner's husband namely Alex @ Alexpandi, S/o.Subramani, life convict prisoner (C.P.No.5732) (PID No. 60451).

2. It is the case of the petitioner that her husband was convicted by the Principal District Sessions Court, Ramanathapuram in S.C.No.70 of 2016, for the offence punishable under Section 302 IPC and he was sentenced to undergo Life Imprisonment. Aggrieved by the said conviction and sentence, the convict has filed an appeal before this Court in Crl.A(MD).No.104 of 2018 and the said appeal was dismissed by confirming the conviction and sentence passed by the Trial Court. The convict is eligible for Ordinary Leave for a period of 21 days as per the prison rules. The petitioner, who is the wife of the convict, submitted an application seeking ordinary leave for her husband for a period of 21 days. After considering the request made by the petitioner, the second respondent granted ordinary leave to the petitioner's husband with escort. The petitioner is being a poor family, she could not afford cost for the escorts.

3. In view of the above, the condition imposed in the order dated 13.10.2025 directing the petitioner's husband to go on ordinary

leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner's husband is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, Uchipuli Police Station daily evening at 05.30 p.m., till the completion of the 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 13.10.2025 is quashed insofar as ordering escort alone and the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.

[G.K.I., J.] [R.P., J.] 08.01.2026 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.the Deputy Inspector General of Prisons and Correctional Services Department, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Superintendent of Police, 5.The Inspector of Police, Uchipuli Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 08.01.2026