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Madras High CourtWP Crl.(MD)/2305/2026allowed

Vijila v. The Deputy Inspector General Of Prisons,

2026-04-30Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2305 of 2026 Vijila ......

Petitioner Vs.

1.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Jail Complex, Madurai - 625 016.

2.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District - 627 002.

3.The State of Tamil Nadu, Represented by the Inspector of Police, Anjugramam Police Station, Azhagappapuram, Nagercoil Road, Kanyakumari District - 629 401.

(Crime No. 643 of 2012) ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to grant 28 days ordinary leave without escort to the petitioner's husband namely Venkatesh @ Venkatachalapathy, S/o. Suyambulingam, Life Convict Prisoner having PID No.200971/ LCT No. 4517 and now confined under

Central Prison, Palayamkottai, Tirunelveli District in the light of getting infertility treatment to have a child for them based on the petitioner's representation dated 10.04.2026.

For Petitioner : Mr.Baskaran.V 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 for issue of a Writ of Mandamus, directing the first respondent to consider the representation dated 10.04.2026, wherein the petitioner has sought for 28 days ordinary leave for her husband, who is a life convict, serving sentence at Central Prison, Palayamkottai.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced a copy of the proceedings dated 17.04.2026 issued by the first respondent. It is seen that the representation has been rejected on the ground that there is one pending case against the convict before the learned Judicial Magistrate No.3, Nagercoil.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the convict has undergone sentence for nearly 7 years and taking note of the ground, on which, the ordinary leave has been sought for by the petitioner, this Court is inclined to interfere with the impugned proceedings of the first respondent dated 17.04.2026 and the same is hereby quashed. There shall be a direction to the first respondent to grant 21 days ordinary leave to the convict subject to the condition that he will report before the third respondent daily at 6.00 p.m. during the entire ordinary leave period.

5. This Writ Petition is disposed of in the above terms. No costs. [N.A.V., J.] & [K.K.R.K., J.] 30.04.2026 NCC : Yes / No Index : Yes / No Indu

To 1.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Jail Complex, Madurai - 625 016.

2.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District - 627 002.

3.The Inspector of Police, Anjugramam Police Station, Azhagappapuram, Nagercoil Road, Kanyakumari District - 629 401.

4.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.2305 of 2026 30.04.2026