M.Pandiyaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2200 of 2026 M.Pandiyaraj ......

Petitioner Vs.

1.The State of Tamil Nadu, Rep. 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, Madurai Range, Central Prison Campus, Madurai - 625 016.

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

5.The Inspector of Police, Chinnamanur Police Station, Theni 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 3rd respondent vide his proceedings in No.292/VuTha.2/2026, dated 23.03.2026 and quash the same as illegal and void, consequently, grant 28 days ordinary leave without escort to the petitioner's brother Suresh, S/o.Marimuthu, PID No. 2998182, lodged at Central Prison, Madurai, forthwith considering the representation, dated 27.01.2026.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.E.Antony Sahaya Prabahar 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 3rd respondent made in No.292/VuTha.2/2026, dated 23.03.2026, wherein the 3rd respondent granted 28 days ordinary leave and imposed the condition that the convict shall be accompanied by an escort.

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

3. The petitioner's brother was convicted to undergo life imprisonment and he is presently serving the sentence at Central Prison, Madurai. A representation was made seeking ordinary leave. The 3rd respondent, through the impugned proceedings dated 23.03.2026 granted ordinary leave imposing condition that the convict shall be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

4. Taking into consideration the facts and circumstances of the case and the submissions made on either side, this Court is inclined to modify the condition imposed by the 3rd respondent to the effect that the convict shall report before the 5th respondent daily at 6.00 p.m. during the entire period of ordinary leave. Apart from this condition, the detenue is permitted to submit sureties before the 4th respondent and two of the sureties shall be family members of the detenue. The other conditions imposed by the 3rd respondent shall remain as they are.

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

[N.A.V., J.] & [K.K.R.K., J.] 17.04.2026 NCC : Yes / No Index : Yes / No Indu 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, Madurai Range, Central Prison Campus, Madurai - 625 016.

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

5.The Inspector of Police, Chinnamanur Police Station, Theni District.

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

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.2200 of 2026 17.04.2026