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Madras High CourtWP Crl.(MD)/1112/2026disposed of

Anataruby Thagakani v. The Home Secretary

2026-02-26Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Anatharuby Thangakani ... Petitioner -vs1.The Home Secretary Government of Tamil Nadu Secretariat,St. George Fort Chennai - 9.

2.The Deputy Inspector General of Prisons Madurai Region,Madurai.

3.The Superintendent of Prison Central Prison,Palayamkottai 4.The Inspector Of Police Kottar Police Station Kanyakumari District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating to the proceedings in No.5096/tha.ku.2/2026 (LCT PID No.472975, Baskar, Son of Palavesam, dated 17.02.2026 issued by the third respondent quash the same and consequently direct the third respondent to grant six days emergency leave

without escort to the petitioner's husband Baskar, S/o.Palavesam bearing PID No.475975 who is currently lodged at Central Prison, Palayamkottai. For Petitioner :

Mr.P.M. Basil 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 third respondent in No.5096/tha.ku.2/2026 dated 17.02.2026 and direct the third respondent to grant six days emergency leave without escort to the petitioner's husband Baskar, S/o.Palavesam bearing PID No.475975 who is currently lodged at Central Prison, Palayamkottai.

2. It is the case of the petitioner that her husband was convicted by the Additional District and Sessions Court(Fast Track Court) Kanniyakumari District in S.C. No.136 of 2018 and sentenced to undergo life imprisonment for the offence under Section 302 r/w.34 of IPC. Aggrieved over the same, the convict has preferred an appeal before this Court and the same is pending.. The petitioner submitted an application seeking emergency leave for a period of 6 days. After considering the request made by the petitioner, the third

respondent granted emergency leave to the convict with escort.. The petitioner being a poor person could not afford the cost for escorts.

3. In view of the above, the condition imposed in the order dated 17.02.2026 directing the convict to go on emergeny 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 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.

4. Accordingly, the order of the third respondent dated 17.02.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

[G.K.I., J.] [R.P., J.] 26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav

To:

1.The Home Secretary Government of Tamil Nadu Secretariat,St. George Fort Chennai - 9.

2.The Deputy Inspector General of Prisons Madurai Region,Madurai.

3.The Superintendent of Prison Central Prison,Palayamkottai 4.The Inspector Of Police Kottar Police Station Kanyakumari District

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

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 26.02.2026