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Madras High CourtWP Crl.(MD)/1661/2026disposed of

Veerasekaran v. The Superintendent Of Prison

2026-03-26Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.1661 of 2026 Veerasekaran .......

Petitioner Vs.

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

2.The Inspector of Police, Madhukkur Police Station, Thanjavur District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide his proceedings in No.3529/ThaKu.4/2024, consequently grant six days emergency leave without police escort to the petitioner's father, Shanmugam @/o. Peramaiya Nattar (Convict Prisoner No.22500,

P.I.D.No.66640) confined at Central Prison, Tiruchirappalli, forthwith considering the petitioner's representation dated 17.03.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : 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 first respondent made in No.3529/ThaKu.4/2024, dated 17.03.2026 and for a consequential direction to the first respondent to grant six days emergency leave to the detenu without police escort.

2. Heard the learned counsel on either side.

3. The petitioner is the son of the detenu. The detenu is a life convict, who is presently undergoing sentence at Central Prison, Trichirappalli. A representation was made by the petitioner to the effect that the petitioner's wife is suffering from respiratory infections with viral

Hepatitis and she has also suffered severe Osteoarthritis and she required immediate treatment. Under such circumstances, a representation was made by the petitioner on 07.03.2026 to the respondents seeking for six days emergency leave without escort for the detenu. The first respondent through the impugned proceedings, has rejected the representation and aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Additional Public Prosecutor, on instructions, submitted that the detenu has undergone till now sentence of 5 years, 2 months and 12 days. Apart from that even on an earlier occasion, the detenu was granted ordinary leave by this Court by an order in W.P. (MD).No.25032 of 20254 dated 06.11.2024. It is also brought to the notice of this Court that this Court while passing an order in W.P.(MD).No. 9071 of 2024 dated 02.07.2024 granted emergency leave for six days without escort.

5. The main ground on which the representation has been rejected by the first respondent is that there is a pending case against the detenu.

6. In our considered view, the reasons for which the emergency leave has been sought for is covered under the Rules. Even on earlier occasions, the detenu has been granted ordinary leave and emergency leave and detenu had complied with the conditions and nothing untoward had happened. In view of the same, we are inclined to interfere with the order passed by the first respondent.

7. In the result, the impugned proceedings of the first respondent made in No.3529/ThaKu.4/2024 dated 17.03.2026 is hereby set aside and there shall be a direction to the first respondent to grant six days emergency leave to the detenu without police escort subject to the condition that the detenu shall report before the second respondent daily at 06.00 p.m., during the entire emergency leave period. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of 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 first respondent shall stand as it is.

8. This Writ Petition (Criminal) is disposed of in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 26.03.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Superintendent of Prison, Central Prison, Trichy-620 020.

2.The Inspector of Police, Madhukkur Police Station, Thanjavur District.

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

N.ANAND VENKATESH , J.

AND K.K.RAMKRISHNAN, J .

TSG W.P.Crl.(MD).No.1661 of 2026 26.03.2026