Vaithabanu v. The Deputy Inspector General Of Prison,

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.2595 of 2026 Vaithabanu .......

Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison, and Correctional Services Department, Madurai Region, Madurai.

2.The Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, Ramanathapuram District.

4.The Inspector of Police, R.S.Mangalam Police Station, Ramanthapuram 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

order passed by the first respondent in No.23/Ootha.2/2026 dated 07.01.2026 and quash the same and consequently directing the first and second respondents to grant 28 days ordinary leave without escort to the petitioner, namely, Sheik Rawther S/o. Ibrahaimsha, (PID No.26242) now confined under Central Prison, Madurai.

For Petitioner : Mr.K.Vignesh 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 first respondent made in No.23/Ootha.2/2026 dated 07.01.2026 and for a direction to the first and second respondents to grant 28 days ordinary leave to the petitioner's brother, who is serving sentence at Central Prison, Madurai.

2. Heard the learned counsel on either side.

3. The petitioner's brother is a life convict, who is presently serving sentence at Central Prison, Madurai. He has served sentence for 10 years and 7 days. A representation was made by the petitioner seeking for ordinary leave on the ground that the convict's mother is suffering from ailment and she required the physical and emotional support of the convict. However, the said representation came to be rejected by the first respondent through the impugned proceedings dated 07.01.2026 on the ground that the objections were raised both by the Probation Officer as well as the Police. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the convict has been granted leave on earlier occasions and he has complied with the conditions and nothing untoward took place, this Court is inclined to interfere with the proceedings of the first respondent dated 07.01.2026 and the same is hereby set aside. There shall be a direction to the first respondent to grant 28 days ordinary leave to the convict subject to the condition that he will report before the fourth respondent daily at 06.00 p.m., during the entire period of ordinary leave.

Apart from that condition, the convict is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Madurai, 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 first respondent shall stand as it is.

5. 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 Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison, and Correctional Services Department, Madurai Region, Madurai.

2.The Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, Ramanathapuram District.

4.The Inspector of Police, R.S.Mangalam Police Station, Ramanthapuram 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.2595 of 2026 30.04.2026