Pechiyammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP(MD)No.153 of 2026 Pechiyammal ... Petitioner -vsThe State Rep. by its
1. The Secretary to Government of TamilNadu Home(Prison-IV) Department The Secretariat of Tamil Nadu Chennai 600 009
2. The Deputy Inspector General of Prison Madurai Range, Central Prison Madurai Madurai- 625 016
3. The Superintendent Central Prison, Palayamkottai Tirunelveli
4. The Superintendent of Police Office of the Superintendent of Police Thoothukudi- 628 101
5. The Inspector of Police SIPCOT Police Station, Madathur- 628 008 ..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 bearing No. 743/Vu.tha.2/2025 dated 22.09.2025 passed by the respondent and quash the same and consequently direct the respondents to grant ordinary leave for 28 days without escort to the detenue Sudalaimuthu, S/o.Nalla perumal, aged about 51 years, PID No.39735 detained at Central Prison, Palayamkottai For Petitioner :
Mr.S.Manoharaj 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 second respondent in No. 743/Vu.tha.2/2025 dated 22.09.2025 and direct the respondents to grant ordinary leave for 28 days without escort to the detenue Sudalaimuthu, S/o.Nalla perumal, aged about 51 years, PID No.39735 detained at Central Prison, Palayamkottai
2. It is the case of the petitioner that her brother was acquitted by the Principal Sessions Court, Thoothukudi in S.C.No.104 of 2016 on
04.02.2019. Against which the State has preferred an appeal before this Court in Crl.A(MD) No.162 of 2021 and this Court has convicted the accused and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. While being so, the petitioner being sister of the convict has applied for emergency leave, however it was rejected on the ground that the convict is facing murder case in which four cases he was acquitted and in one case he as convicted. As against the acquittal of one case, the State has preferred appeal before this Court and the convict was convicted. Therefore the petitioner is languishing in jail for only eight months,therefore the convict is not eligible to avail any leave.
3.In view of the same, this Court finds no infirmity or illegality in the order passed by the second respondent and the petition stands dismissed. Consequently connected miscellaneous petition stands closed [G.K.I., J.] [R.P., J.] 05.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav
To:
1. The Secretary to Government of TamilNadu Home(Prison-IV) Department The Secretariat of Tamil Nadu Chennai 600 009
2. The Deputy Inspector General of Prison Madurai Range, Central Prison Madurai Madurai- 625 016
3. The Superintendent Central Prison, Palayamkottai Tirunelveli
4. The Superintendent of Police Office of the Superintendent of Police Thoothukudi- 628 101
5. The Inspector of Police SIPCOT Police Station, Madathur- 628 008
6. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 05.02.2026