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Madras High CourtWP Crl.(MD)/154/2026disposed of

T.Periyakkal v. The State Of Tamilnadu, Rep By The Deputy Inspector General Of Prisons And Correctional Services,

2026-01-12Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.154 of 2026 T.Periyakkal ... Petitioner -Vs1.The Deputy Inspector General of Prison, and Correctional Services, Trichy Range, Race Course Road, Trichy- 620 023 2.The Superintendent of Prison, Central Prison Trichy- 620 020 3.The Inspector of Police S-1, Nangavaram Police Station Karur District 639 110 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide proceedings in No.RO- TRY/469.2025G1 dated 07.11.2025 and quash the same as illegal and consequently direct the first respondent to grant 30 days ordinary leave without escort to the petitioner's

son namely Prabakaran,@ Kundi, S/o.Thangavel, Life convict Prisoner, bearing Life Convict Prisoner No.24156 PID No.189119 confined at Centrl Prison, Trichy on the basis of the petitioner's representation dated 05.08.2025. .

For Petitioner : Mr.K.Lenin For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN,J.) The order dated 07.11.2025, passed by the first respondent, rejecting the petitioner's request for grant of ordinary leave, is under challenge in this writ petition.

2. The son of the petitioner was convicted in S.C.No.74 of 2019 by the learned Sessions Judge, Karur on 25.04.2022 for the offences under Section 302 of IPC (2 counts) and sentenced to under go life imprisonment (two counts). Against which the convict has also preferred an appeal before this court in Crl.A(MD) No.540 of 2022 and the same was confirmed by this Court on 30.01.2025. The convict is in jail for more than three years. While being so, the petitioner being the mother of the convict has sent a representation seeking 30 days ordinary leave for her son on the ground that she need to renovate the house

and for making some financial arrangement for her medical treatment. On receipt of the said representation the first respondent has received adverse report from the Probationary Officer and also from the third respondent police. That apart the reasons stated by the petitioner was not specific, hence the same was rejected.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner involved in double murder case and he was convicted for life imprisonment and there is a every possibility of retaliation of murder and also the probationary officer has submitted adverse report as against the convict.

4. The learned counsel appearing for the petitioner would submit that the petitioner is aged about 60 years and also suffering from age old disease. That apart she wants to renovate the house and also if her son comes on she would make some financial arrangement to meet out her medical expenses.

5. Considering the facts and circumstances of the case, though the convict is not eligible for 30 days ordinary leave since he is involved in double murder case, this Court taking into consideration the facts inclined to grant 10 days emergency leave to the convict with necessary escorts.

6. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant ten days emergency leave with necessary escort to the convict, namely, Prabakaran,@ Kundi, S/o.Thangavel, Life convict Prisoner, bearing Life Convict Prisoner No.24156 PID No.189119 confined at Centrl Prison, Trichy, from 19.01.2026 to 28.01.2026. The Convict prisoner shall be released from the prison on 19.01.2026 at 9.00 a.m., (ii) He shall report back to the Superintendent of Prison, Trichy/ 2nd respondent, by 28.01.2026 at 6.00 pm., (iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. [G.K.I., J.] & [R.P.J., J.] 12.01.2026 NCC : Yes / No Index : Yes / No aav Note:Issue order copy on 12.01.2026

To 1.The Deputy Inspector General of Prison, and Correctional Services, Trichy Range, Race Course Road, Trichy- 620 023 2.The Superintendent of Prison, Central Prison Trichy- 620 020 3.The Inspector of Police S-1, Nangavaram Police Station Karur District 639 110 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN J.

AND R.POORNIMA , J.

aav W.P.Crl.(MD)No.154 of 2026 12.01.2026