Kuttralam v. The State Of Tamilnadu, Rep By Its The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.Crl.(MD).No.1240 of 2026 Kuttralam .......

Petitioner/ Father of the detenue Vs.

State represented by its 1.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.

2.The Superintendent, Central Prison, Palayamkottai, Palayamkottai-627 007.

3.The Superintendent of Police, Office of Superintendent of Police, Tenkasi-627 811.

4.The Inspector of Police, H-1 Alangulam Police Station, Tenkais-627 851.

...... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the Order bearing No.957/Vu.tha.2/2025, date 15.09.2025 passed by the first respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 21 days without escort to the detenue, Vaithilingam, S/o Kuttralam, aged about 38 years, PID No. 434741, detained at Central Prison, Palayamkottai. For Petitioner : Mr.S.Manoharan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the impugned proceedings of the first respondent dated 15.09.2025 insofar as granting ordinary leave for 21 days with escort to the detenue and consequently to direct the respondents to grant ordinary leave without escort.

2. Heard Mr.S.Manoharan, learned counsel appearing for the petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents.

3. The detenue was convicted and sentenced for the offences under Sections 148, 341 and 302 IPC by the learned Additional District and Sessions Judge, Fast Track Court, Tenkasi by judgment dated 12.07.2022 and the same was confirmed by this Court in Crl.A.(MD).No. 711 of 2022 by judgment dated 27.11.2025. The judgment has become final and the detenue is undergoing sentence for nearly four years.

3. The detenue's son is aged about five years and the detenue wants his son to be admitted in a School. Therefore, an application was submitted seeking for granting ordinary leave for 21 days.

4. The first respondent through the impugned proceedings dated 15.09.2025, granted ordinary leave. However, a condition was imposed that the leave will be with escort. Aggrieved by the condition imposed by the first respondent, the present writ petition has been filed before this Court.

5. This Court has carefully considered the submissions made on either side and the materials available on record.

6. In the considered view of this Court, the detenue wants to admit his son in a School and it will be embarrassing to go along with the police escort to that school and that will have certainly have an impact on the education and the future of the child. Hence, this Court is inclined to modify the said condition.

7. The condition imposed by the first respondent in the impugned proceedings is modified to the effect that the detenue, during the entire ordinary leave period, shall report before the Inspector of Police, H-1 Alangulam Police Station, Tenkasi, daily at 05.30 p.m. The other conditions imposed shall stand as it is.

8. This Writ Petition is disposed of with the above directions. [N.A.V., J.] & [P.D.B., J.] 02.03.2026 NCC : Yes / No Index : Yes / No TSG

Copy to 1.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.

2.The Superintendent, Central Prison, Palayamkottai, Palayamkottai-627 007.

3.The Superintendent of Police, Office of Superintendent of Police, Tenkasi-627 811.

4.The Inspector of Police, H-1 Alangulam Police Station, Tenkais-627 851.

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

N.ANAND VENKATESH , J.

AND P.DHANABAL, J .

TSG W.P.Crl.(MD).No.1240 of 2026 02.03.2026