Kani .T v. The Home Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2533 of 2026 Kani.T ......

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, Kadayam Police Station, Thenkasi 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.4988/ThaKu.2/2026 (CP.PCO/587/2026R2) issued by the 3rd respondent dated 22.04.2026 quash the same and consequently direct the third respondent to grant 6 days emergency leave

without escort to the petitioner's brother Kumaran, son of Thangaraj, PID No.447432, aged 47, 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.4988/ThaKu.2/2026 (CP.PCO/587/2026R2), dated 22.04.2026, wherein the 3rd respondent, while granting 6 days emergency leave, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

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

3. The petitioner is the brother of the convict. The convict is presently serving sentence at Central Prison, Palayamkottai. A

representation was made to the 3rd respondent seeking for emergency leave. The 3rd respondent, on considering the representation, granted six days emergency leave, but however, imposed the condition that the convict will be accompanied by an escort. The said condition has been put to challenge in the present Writ Petition.

4. Taking into consideration the facts and circumstances of the case and considering the reason for which, the emergency leave has been granted and also taking note of the fact that the convict has already undergone sentence for 3 years, 9 months and 8 days and even on an earlier occasion, he was granted leave, at which point of time, he complied with the conditions, this Court is inclined to modify the condition to the effect that the convict will report before the 4th respondent Police daily at 6.00 PM during the entire emergency leave period.

5. This Writ Petition is disposed of in the above terms. No costs. [N.A.V., J.] & [K.K.R.K., J.] 29.04.2026 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, Kadayam Police Station, Thenkasi 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.2533 of 2026 29.04.2026