Jagadish Chandra Bose v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Jagadish Chandra Bose ... Petitioner -vs1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Palayamkottai Central Jail Tirunelveli District 3.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District

4. The Inspector of Police Kenikarai Police Station, Ramanathapuram ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records passed by the second respondent in No.9143/Tha.ku.2/2026 dated 29.01.2026 and quash the same as

bad in law and consequently direct the second respondent to grant emergency leave to the brother of the petitioner namely Vicky @ Vigneshwaran, S/o. Boopathi, PID no.383889 for the period of 15 days without escort. For Petitioner :

Mr.G.Sujeeth 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. 9143/Tha.ku.2/2026 dated 29.01.2026 and direct the second respondent to grant emergency leave to the brother of the petitioner namely Vicky @ Vigneshwaran, S/o. Boopathi, PID no.383889 for the period of 15 days without escort.

2. It is the case of the petitioner that his brother was convicted in C.C.No.30 of 2022 on 26.05.2023 for the offence under NDPS Act. Against which the convict has also preferred an appeal before this Court and the sentence was modified to five years. The brother of the petitioner is languishing in jail for more than two years after conviction. While being so, the petitioner's mother fell ill and her condition has become worse day by day.

Therefore the petitioner being brother of the convict has submitted representation seeking 15days emergency leave to look after his mother. However the same was rejected on the ground that the convict is having two previous cases under 302 IPC and one case under NDPS Act, thereby he is not eligible for any leave.

3. Further the petitioner has also produced medical records from the private hospital.

4. In view of the same, this Court find no infirmity or illegality in the order passed by the second respondent. hence the petition stands dismissed. However the petitioner is at liberty to submit a fresh representation along with medical report from any of the authorized Government Hospital. [G.K.I., J.] [R.P., J.] 12.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav

To:

1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Palayamkottai Central Jail Tirunelveli District 3.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District

4. The Inspector of Police Kenikarai Police Station, Ramanathapuram

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 12.02.2026