Madras High CourtWP Crl.(MD)/2218/2026disposed of

Sahaya Punitha v. The Home Secretary

2026-04-20Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2218 of 2026 and W.M.P.(MD).No.534 of 2026 Sahaya Punitha .......

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 : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records passed by the third respondent dated 07.04.2026 made in No.4392/Thaku.2/2026 quash the same and consequently direct the third respondent to grant three days emergency leave without escort to the petitioner's husband Babu @ Gopalakrishnan, aged 40, son of Selvaraj, PID No.159564, currently 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.4392/Thaku.2/2026, dated 07.04.2026 wherein, the third respondent while granting emergency leave has imposed a condition that the convict will be accompanied by an escort and this condition has been put to challenge.

2. Heard the learned counsel on either side.

3. The petitioner's husband, who is a life convict, undergoing sentence at Central Prison, Palayamkottai. The petitioner submitted a representation seeking for emergency leave. The third respondent while granting three days emergency leave imposed a condition that the convict will 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, we are inclined to modify the condition imposed by the third respondent to the effect that the convict shall 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 submit 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 (Criminal) is disposed in the above terms. Consequently, the connected miscellaneous petition is closed. [N.A.V., J.] & [K.K.R.K., J.] 20.04.2026 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, Rajakamangalam Police Station, Kanyakumari District.

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

N.ANAND VENKATESH , J.

AND K.K.RAMAKRISHNAN, J .

TSG W.P.Crl.(MD).No.2218 of 2026 20.04.2026