Prithima v. The State Of Tamil Nadu Rep By

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.2592 of 2026 Prithima .......

Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Secretary to Government, Home (Prison) Department, Fort St.George, Chennai.

2.The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

3.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District.

4.The Superintendent of Police, O/o, the Superintendent of Police, Thoothukudi 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 of the impugned order passed by the third respondent in 6132/Thaku.2/2026 dated 15.04.2026 and quash the same only insofar as it imposes the condition of "Police Escort" and consequently direct the respondents to grant emergency leave for three days without escort to the convict Johnpaul @ Balan S/o. Ronimus, aged about 38 years (PID No.518593) confined at Central Prison, Palayamkottai.

For Petitioner : Mr.S.M.A.Jinnah 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 impugned proceedings of the third respondent made in No. 6132/Thaku.2/2026 dated 15.04.2026, wherein, 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.

2. Heard the learned counsel on either side.

3. The petitioner is the wife of the convict. He was convicted for the offence under the NDPS Act and he is presently serving sentence at Central Prison, Palayamkottai. The representation made by the petitioner seeking for emergency leave was considered by the third respondent and three days emergency leave was granted through the proceedings dated 15.04.2026 with 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 considering the reason for which the emergency leave has been sought for, we are inclined to modify the condition to the effect that the convict will report before the Inspector of Police, Thoothukudi South Police

Station, Thoothukudi, daily at 06.00 p.m., during the entire emergency leave period. Apart from that condition, the convict is permitted to submit the sureties before the Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the convict. The other conditions imposed by the third respondent shall stand as it is.

6. This Writ Petition (Criminal) is disposed in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 30.04.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Secretary to Government, Home (Prison) Department, Fort St.George, Chennai.

2.The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

3.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District.

4.The Superintendent of Police, O/o, the Superintendent of Police, Thoothukudi District.

5.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

6.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.2592 of 2026 30.04.2026