Rajathiammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP(MD) No.223 of 2026 Rajathiammal ... Petitioner -vs1.The Deputy Inspector General of Prison Prison and Correctional services Department Madurai Range, Madurai.
2.The Superintendent of Prison Central Prison, Madurai.
3. The Superintendent of Police Madurai District
4. The Inspector of Police Peraiyur Police Station Madurai District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records of the order passed by the first respondent in No.148/Vu.tha.2/2026 dated 11.02.2026 and quash the same and consequently direct the respondents 1 and 2 to grant 21 days ordinary leave without escort to the petitioner's husband namely Pounraj, S/o.Sethur Pillai convict Prisoner PID No.70069, now confined under Central Prison, Madurai.
For Petitioner :Mr.S.Srikanth 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.148/Vu.tha.2/2026 dated 11.02.2026 and direct the respondents 1 and 2 to grant 21 days ordinary leave without escort to the petitioner's husband namely Pounraj, S/o.Sethur Pillai convict Prisoner PID No.70069, now confined under Central Prison, Madurai.
2. It is the case of the petitioner that her husband was convicted by the learned Sessions Judge, Special Court for Exclusively trial of cases under POCSO Act, Madurai in S.C.No.40 of 2019 and sentenced to undergo life imprisonment for the offence under Section 5(k)r/w.6 of POCSO Act. Aggrieved over the same, the convict has filed an appeal before this Court in Crl.A(MD) No.729 of 2022 and the same was dismissed. The petitioner submitted an application seeking ordinary leave for a period of 21 days. After considering the request made by the petitioner, the first 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 11.02.2026 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 fourth respondent police daily at 10.30 a.m., 05.30 p.m.(except 18.02.2026) 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 family of the victim as against the convict during the leave period , the fourth respondent is directed to take appropriate action.
4. Accordingly, the order of the first respondent dated 11.02.2026 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.] 13.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 16.02.2026
To:
1.The Deputy Inspector General of Prison Prison and Correctional services Department Madurai Range, Madurai.
2.The Superintendent of Prison Central Prison, Madurai.
3. The Superintendent of Police Madurai District
4. The Inspector of Police Peraiyur Police Station Madurai District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 13.02.2026