Poongodi v. The Superintendent Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Poongudi ... Petitioner -vs1. The Superintendent of Prison Central Prison, Madurai- 625 016
2. The Inspector of Police Sellur Police Station, Madurai- 625 002
3. The Inspector of Police NIB CID Police Station, Madurai District Crime No.13 of 2020 ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records to the impugned order passed by the first respondent vide his proceedings in No.308/Tha.ku.2/2026 dated 28.01.2026 and consequently grant 10 days emergency leave without police escort to the petitioner's husband Udhayakumar, S/o.Muniyandi,PID No. 239944 confined at Central Prison, Madurai forthwith considering the petitioner's representation dated 24.01.2026
For Petitioner :
Mr.C.Karthikeyan 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.308/Tha.ku.2/2026 dated 28.01.2026 and direct the first respondent to grant 10 days emergency leave without police escort to the petitioner's husband Udhayakumar, S/o.Muniyandi,PID No.239944 confined at Central Prison, Madurai forthwith considering the petitioner's representation dated 24.01.2026
2. It is the case of the petitioner that her husband was convicted by the I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.155 of 2020 on 29.08.2022 for the offences under Section 8(c)r/w.20(b)(ii)(C) of NDPS Act and sentenced to undergo ten years rigorous, which was also confirmed by this Court in Crl.A(MD) No.277 of 2023. While being so, the petitioner's mother-in-law is suffering from heart ailments and as such the petitioner has sought for 10 days emergency leave for her husband , however
the same was rejected on the ground that the husband of the petitioner was convicted under NDPS Act and he is also facing trial in another case under Section 392 of IPC in C.C.No.77 of 2017.
3. On perusal of records it is seen that the petitioner's mother-inlaw is suffering from heart ailment and bed ridden and for the very same relief earlier also emergency leave was granted to the convict. 4.. Considering the fact and circumstances, this Court is inclined to grant five days emergency leave with two escorts.
5. Accordingly, the impugned order passed by the first respondent is set aside and writ petition is disposed of with the following directions: (i) The respondents are directed to grant five days emergency leave with two escorts to the convict prisoner namely, Udhayakumar, S/o.Muniyandi,PID No.239944 confined at Central Prison, Madurai from 06.02.2026 to 10.02.2026. The convict prisoner shall be released from the prison on 06.02.2026 at 9.00a.m., (ii) He shall report back to the Superintendent of Prison,
Central Jail, Madurai / first respondent, by 10.02.2026 at 6.00 pm.,., (iii) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) 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.] 03.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 04.02.2026
To:
1. The Superintendent of Prison Central Prison, Madurai- 625 016
2. The Inspector of Police Sellur Police Station, Madurai- 625 002
3. The Inspector of Police NIB CID Police Station, Madurai District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 03.02.2026