Sujitha v. The State Of Tamilnadu, Rep. By Its Principal Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2010 of 2026 Sujitha ......

Petitioner Vs.

1.The State of Tamilnadu, Represented by its Principal Secretary to Government, Home (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, Madurai Range, Central Prison Campus, Madurai-625 016.

4.The Superintendent of Prison, Central Prison, Madurai-625 016.

5.The Inspector of Police, South Gate Police Station, Madurai 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 4th respondent vide his proceedings in No.939/ThaKu.2/2026, dated 23.03.2026, quash the same as illegal and void, consequently grant 21 days ordinary leave without police escort to the petitioner's husband namely Muniyasamy @ Sendu Muniyasamy, S/o.Pitchaimani (P.I.D) No.139) confined at the Central Prison, Madurai, forthwith considering the petitioner's representation, dated 04.03.2026.

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 Petition has been filed challenging the proceedings of the 4th respondent made in No.939/ThaKu.2/2026, dated 23.03.2026, wherein the request made by the petitioner for grant of 21 days Ordinary Leave without Police escort for her husband, who is a life convict, was rejected.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

3. The petitioner's husband is a life convict and he is presently serving the sentence at Central Prison, Madurai. The petitioner made a representation seeking Emergency Leave for 21 days on the ground that she is pregnant and is about to deliver a child.

4. The fourth respondent, through the impugned proceedings made in No.939/ThaKu.2/2026, dated 23.03.2026, rejected the representation made by the petitioner and aggrieved by the same, the present petition has been filed before this Court.

5. The learned Additional Public Prosecutor submitted that the petitioner had actually sought Ordinary Leave for 21 days for her husband. However, the same was rejected on the ground that there are two pending cases against the convict.

6. We carefully went through the rejection order and find that both the cases pertain to the Tamil Nadu Prohibition Act. Therefore, there is no serious pending case against the convict. We also take into consideration the fact that the convict's wife is going to deliver a child on Monday (i.e.13.04.2026) and therefore, we are inclined to interfere with the impugned proceedings of the 4th respondent, dated 23.03.2026.

7. In the result, the impugned proceedings of the fourth respondent made in No.939/ThaKu.2/2026, dated 23.03.2026, are hereby set aside. There shall be a direction to the 4th respondent to grant 21 days Ordinary Leave to the convict, commencing from 13.04.2026. During the period of ordinary leave, the detenue shall report before the fifth respondent daily at 6.00 p.m. Apart from that condition, the detenue is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Madurai, instead of executing the sureties before the Tahsildar, and the two sureties shall be family members of the detenue.

8. This Writ Petition (Criminal) is allowed with the above directions. No costs.

[N.A.V., J.] & [K.K.R.K., J.] 09.04.2026 NCC : Yes / No Index : Yes / No Indu To 1.The Principal Secretary to Government, Home (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, Madurai Range, Central Prison Campus, Madurai-625 016.

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu 4.The Superintendent of Prison, Central Prison, Madurai-625 016.

5.The Inspector of Police, South Gate Police Station, Madurai District.

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

W.P.Crl.(MD).No.2010 of 2026 09.04.2026