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Madras High CourtWP Crl.(MD)/2306/2026allowed

Sudalaimuthu v. The Home Secretary,

2026-04-22Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2306 of 2026 Sudalaimuthu ......

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, Taluk Police Station, Tirunelveli 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.3840/ThaKu.2/2026 (CP.PCO.431/2026R2) issued by the 3rd respondent dated 11.04.2026 quash the same and consequently direct the 3rd respondent to grant six days emergency leave

without escort to the petitioner's brother Picchandi, S/o.Velayutham, aged about 39 years, PID No.30161, 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 3rd respondent made in No.3840/ThaKu.2/2026 (CP.PCO.431/2026R2), dated 11.04.2026 and for a direction to the 3rd respondent to grant six days emergency leave without escort to the petitioner's brother, who is presently serving sentence at Central Prison, Palayamkottai.

2. The learned Additional Public Prosecutor, on instructions, submitted that the 3rd respondent had granted emergency leave with Police escort and the petitioner has approached this Court seeking modification of the said condition.

3. Taking into consideration the facts and circumstances of the case and the reasons assigned in the representation while seeking emergency leave and taking note of the fact that the petitioner's brother has undergone sentence for more than 10 years, we are inclined to modify the condition to the effect that the detenue shall report before the 4th respondent daily at 6.00 p.m., during the entire period of emergency leave. The other conditions imposed by the third respondent shall remain as they are.

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

[N.A.V., J.] & [K.K.R.K., J.] 22.04.2026 NCC : Yes / No Index : Yes / No Indu

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, Taluk Police Station, Tirunelveli District.

5.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.2306 of 2026 22.04.2026