Annasobia v. The Home Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.1919 of 2026 and W.M.P.(MD).No.476 of 2026 Annasobia .......
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, South Tamaraikullam Police Station, Kanyakumari 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 proceedings in No. CP-PCO/423/2026R2 by the third respondent dated 20.03.2026 and quash the same and direct the third respondent to grant six days emergency leave without escort to the petitioner's husband, Prakash s/o Arikrishnan (PID No.576152), aged 44 years, presently confined at Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil 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.CP-PCO/423/2026R2 dated 20.03.2026, wherein, the third respondent while granting six days emergency leave, has imposed a condition that the detenu will be accompanied by an escort during the emergency leave period.
2. Heard the learned counsel on either side.
3. The detenu was convicted for the offence under Section 307 of IPC and initially, he was sentenced to undergo seven years rigorous imprisonment. It was later modified by this Court in Crl.R.C.(MD).No.900 of 2017 dated 28.03.2023 by altering the conviction under Section 326 of IPC and imposing three years rigorous imprisonment. The petitioner's husband is undergoing the sentence.
4. The petitioner submitted a representation seeking for six days emergency leave. The same was considered by the third respondent and emergency leave was granted, but, however, the third respondent imposed a condition that the detenu will be accompanied by an escort. Aggrieved by this condition imposed by the third respondent, the present writ petition has been filed.
4. Taking into consideration the facts and circumstances of the case and the reasons for which the emergency leave has been sought for and also taking into account the fact that the detenu was earlier granted emergency leave and no untoward incident had taken place, we are
inclined to modify the condition imposed by the third respondent to the effect that the detenu will report before the fourth 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, Central Prison, Palayamkottai, 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.
5. This Writ Petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. [N.A.V., J.] & [K.K.R.K., J.] 08.04.2026 NCC : Yes / No Index : Yes / No TSG Copy 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, South Tamaraikullam Police Station, Kanyakumari District.
5.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.1919 of 2026 08.04.2026