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Madras High CourtWP Crl.(MD)/1773/2026allowed

Arockia Pamila v. The Home Secretary

2026-04-01Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

1 W.P.Crl.(MD)NO.1773 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.1773 of 2026 Arockia Pamila ... Petitioner Vs.

1. The Home Secretary, Home Department(Prison), Secretariat, Fort St. George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3. The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4. The Inspector of Police, Rajakamangalam police station, Kanyakumari District.

... Respondents Prayer: Writ 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 No.4393/thaku. 2/2026 (LCT.PID.159542 Ayappan, S/o.Selvaraj) issued by the third respondent dated 20.03.2026 quash the same and consequently 1/5

2 W.P.Crl.(MD)NO.1773 OF 2026 direct the third respondent to grant 6 days emergency leave without escort to the petitioner's husband Iyyappan, S/o.Selvaraj, aged 42, PID No.159542, presently confined at Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor.

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O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner is the wife of the life convict. The convict is undergoing life sentence in Central prison, Palayankottai. The petitioner's husband had so far spent three years and nine months in prison. He is entitled to 21 ordinary leave. The petitioner sought emergency leave for six days. It was also duly granted by the third respondent. However, the third respondent in his proceedings dated 20.03.2026 stipulated that it will be under escort.

3. Taking into account the past conduct of the convict, we are of the view that emergency leave can very well be granted without escort. The impugned order dated 20.03.2026 is accordingly modified.

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3 W.P.Crl.(MD)NO.1773 OF 2026 4.The writ petition is allowed on the following conditions:- (a)The convict-prisoner, Iyyappan, (Convict No. 4393) now detained at Central Prison, Palayankottai is granted emergency leave for six (6) days from 08.04.2026 to 13.04.2026 without escort.

(b) The convict prisoner shall be released from the prison at 10.00 a.m, on 08.04.2026 and he shall return to the prison at 05.00 p.m on 13.04.2026. (c) During the said leave period, he shall report before the Inspector of Police, Rajakamangalam police station, Kanyakumari District daily at 6:00 p.m, from 09.04.2026 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 1st April 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 06.04.2026.

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4 W.P.Crl.(MD)NO.1773 OF 2026 To:

1. The Home Secretary, Home Department(Prison), Secretariat, Fort St. George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3. The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4. The Inspector of Police, Rajakamangalam police station, Kanyakumari District.

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5 W.P.Crl.(MD)NO.1773 OF 2026 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.1773 of 2026 01.04.2026 5/5