Madras High CourtWP Crl.(MD)/311/2026disposed of

Arockia Pamila v. The Home Secretary

2026-01-22Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl (MD) No.85 of 2026 Arockia Pamila ... Petitioner -vs1. The Home Secretary Home Department (Prison) Secretariat, Fort St.George, Chennai -600 009

2. The Deputy Inspector General of Prisons Madurai Range, Madurai- 625 001

3. The Superintendent of Prison Central Prison, Palayamkottai.

4. The Inspector of Police Rajakamangalam Police Station, Kanyakumari District ..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 proceedings in LCT No.4393/Tha.ku,.2025 dated 17.11.2025 issued by the

third respondent and quash the same and consequently direct the third respondent to grant three days emergency leave without escort to the petitioner's husband namely Iyyappan, son of Selvaraj, PID No.159542. For Petitioner :

Mr.P.M. Basil 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 third respondent in No. 4393/Tha.ku,.2025 dated 17.11.2025 and direct the third respondent to grant three days emergency leave without escort to the petitioner's husband namely Iyyappan, son of Selvaraj, PID No.159542., confined at Central Prison, Palayamkottai

2. It is the case of the petitioner that her husband convicted by the Additional District and Sessions Court, Nagercoil in S.C. No.53 of 2012 on 11.04.2019 and thereafter he was granted bail by this Court in Crl.A(MD) No. 341 of 2019 and released on 11.08.2019. Subsequently his conviction was confirmed on 30.08.2022 and he surrendered before the prison authorities on the same. The petitioner submitted an application seeking emergency leave for

a period of 3 days. After considering the request made by the petitioner, the third respondent granted emergency 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 17.11.2025 directing the convict to go on emergency leave with escort is modified and he shall go on emergency 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 fourth respondent police daily at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period.

4. Accordingly, the order of the third respondent dated 17.11.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. Consequently connected miscellaneous petition stands closed. [G.K.I., J.] [R.P., J.] 22.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav

To:

1. The Home Secretary Home Department (Prison) Secretariat, Fort St.George, Chennai -600 009

2. The Deputy Inspector General of Prisons Madurai Range, Madurai- 625 001

3. The Superintendent of Prison Central Prison, Palayamkottai.

4. The Inspector of Police Rajakamangalam Police Station, Kanyakumari District

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 22.01.2026