Madras High CourtWP Crl.(MD)/878/2026disposed of

Muthulakshmi v. The Secretary,

2026-02-17Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Muthulakshmi ... Petitioner -vs1. The Secretary Home Department (Prison), State of Tamil Nadu Fort St.George, Chennai.

2. The Superintendent of Prison Trichy Central Jail Trichirapalli Trichy-20

3. The Inspector of Police All Women Police Station Aranthangi, Pudukottai District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to grant ordinary leave for 20 days without escort to the prisoner namely Surendar, S/o.Subramaniyan, convict PID No.408377 in light of proceedings dated 23.01.2026 in RO.TRY/30/2026-C by considering the petitioner's representation dated 04.02.2026

For Petitioner :Mr.R.Paranjothi for M/s.KBS Law Office 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.RO.TRY/30/2026-C dated 25.01.2026 and direct the second respondent to grant ordinary leave for 20 days without escort to the prisoner namely Surendar, S/o.Subramaniyan, convict PID No.408377

2. It is the case of the petitioner that her husband was convicted by the Mahila Court, Pudukottai in S.C.No.85 of 2019 and sentenced to undergo ten years rigorous imprisonment for the offence under Section 376(1) of IPC. Aggrieved over the same, the convict has filed an appeal before this Court in Crl.A(MD) No.286 of 2022 and the same is pending. The petitioner submitted an application seeking ordinary leave for a period of 20 days. After considering the request made by the petitioner, the second respondent granted ordinary 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 25.01.2026 directing the convict to go on ordinary leave with escort is modified and the convict shall go on ordinary 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 third respondent police daily at 05.30 p.m. till the completion of leave period. He shall duly comply with the conditions and return to the prison on expiry of the leave period. If any complaint from the victim or the family of the victim as against the convict during the leave period , the third respondent is directed to take appropriate action.

4. Accordingly, the order of the first respondent dated 25.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

[G.K.I., J.] [R.P., J.] 17.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav

To:

1. The Secretary Home Department (Prison), State of Tamil Nadu Fort St.George, Chennai.

2. The Superintendent of Prison Trichy Central Jail Trichirapalli Trichy-20

3. The Inspector of Police All Women Police Station Aranthangi, Pudukottai District

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 17.02.2026