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Madras High CourtWP Crl.(MD)/1322/2026disposed of

Muthulakshmi v. The State Of Taminadu Rep. By The Principal Secretary To Government,

2026-03-05Honourable Mr Justice N. Anand Venkatesh,Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.Crl.(MD).No.1322 of 2026 Muthulakshmi .......

Petitioner Vs.

1.The State of Tamil Nadu, represented by its Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

4.The Superintendent of Prison, Central Prison, Trichy-620 020.

5.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent vide his proceedings in No.RO-TRY/559/2025-CA, dated 09.11.2025, consequently grant 21 days ordinary leave without police escort to the petitioner's husband, Kumar, son of Perumal, PID No.247226, confined at Central Prison, Trihcy, by considering the petitioner's representation dated 08.02.2025.

For Petitioner : Mr.C.Karthikeyan 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 proceedings of the third respondent made in No.RO-TRY/559/2025-CA, dated 09.11.2025 and to grant 21 days ordinary leave to the petitioner's husband without escort.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner's husband is a life convict presently serving the sentence at Central Prison, Trichy. The petitioner made a representation to the third respondent seeking for 21 days ordinary leave on the ground that her father-in-law, namely, the father of the detenu is suffering from ailment and is bedridden and that the detenu has to take steps to sell certain properties to arrange funds for his treatment.

4. The third respondent, by considering the representation, passed the impugned order dated 09.11.2025 granting ordinary leave with a condition that the detenu will be accompanied by an escort. The said condition has been put to challenge in the present writ petition.

5. It is seen from records that even on an earlier occasion, the petitioner had moved this Court by filing W.P.No.8769 of 2025 seeking for emergency leave and the same was granted by an order dated 20.06.2025 without escort.

6. On considering the reasons assigned in the representation and the submissions made by the learned counsel appearing for the petitioner and also the fact that earlier the detenu was granted emergency leave without escort, we are inclined to modify the condition imposed by the third respondent.

7. In the result, the impugned proceedings of the third respondent dated 09.11.2025 is modified to the effect that instead of an escort accompanying the detenue, the detenue shall report before the Inspector of Police, Keeranur Police Station, Pudukkottai District, daily at 05.30 p.m., during the entire ordinary leave period. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of Prison, Central Prison, Trichy, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. The other conditions imposed by the third respondent shall stand as it is.

8. This Writ Petition (Criminal) is disposed of with the above directions.

[N.A.V., J.] & [P.D.B., J.] 05.03.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620 023.

4.The Superintendent of Prison, Central Prison, Trichy-620 020.

5.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

6.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.1322 of 2026 05.03.2026