Madras High CourtWP Crl.(MD)/2751/2026allowed

Kuzhanthaivel v. The State Of Tamilnadu

2026-05-13Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr.Justice K.Rajasekar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kuzhanthaivel ... Petitioner -vsThe State of Tamil Nadu Rep by its

1. The Principal Secretary to Government Home (Prison-IV)Department, Fort St.George, Chennai- 600 009 2.The Director General of Prisons and Correctional Services Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai- 600 008 3.The Deputy Inspector General of Prison Trichy Range, Race Courtse Road, Trichy- 620 023

4. The Superintendent of Prison Central Prison Trichy- 620 020

5. The Inspector of Police Viralimalai police Station, Pudukottai District ..Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Order passed by the 3rd respondent vide his proceedings in No.ROTRY/105/2026-CA, dated 22.02.2026 quash the same as illegal and void and consequently grant 21 days ordinary leave without police escort to the petitioner Kuzhanthaivel, S/o.Chinnakannu aged56 years,PID No.392750 now confined at Central Prison, Trichy forthwith considering the representation dated 12.10.2025.

For Petitioner :

Mr.C.Karthikeyasn For Respondents :

Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the third respondent in No.RO-TRY/105/2026-CA, dated 22.02.2026 and to grant 21 days ordinary leave without police escort to the petitioner Kuzhanthaivel, S/o.Chinnakannu aged56 years,PID No.392750 now confined at Central Prison, Trichy forthwith considering the representation dated 12.10.2025.

2. It is the case of the petitioner that he was convicted by the Mahila Court, Pudukottai in S.C.No.11 of 2022 dated 29.09.2022 and sentenced to undergo life imprisonment for the offence under Section 5(l), 5(i) (ii)r/w.6(1) of POCSO Act. Aggrieved over the same, the convict has preferred an appeal before this Court and the same was dismissed on 02.08.2022. The petitioner submitted an application seeking ordinary leave for a period of 21 days. After considering the request made by the petitioner, the third respondent granted ordinary leave to the convict with escort. The petitioner being a poor person, he could not afford the cost for escorts.

3. In view of the above, the condition imposed in the order dated 22.02.2026 directing the convict to go on ordinary leave with escort is modified and the convict shall go on ordinary leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fifth respondent police daily at 10.30 a.m., and 05.30 p.m. till the completion of leave period. He shall duly comply with the conditions and return to the prison on expiry of the leave period. It is also made clear if the petitioner causes any disturbance to the victim or her family members, the fifth respondent is at liberty to register First Information Report as against the petitioner and take appropriate action in accordance with law.

4. Accordingly, the order of the third respondent dated 22.02.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

[G.K.I., J.] [K.R.S., J.] 13.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

4. The Superintendent of Prison Central Prison Trichy- 620 020

5. The Inspector of Police Viralimalai police Station, Pudukottai District

6. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and K.RAJASEKAR , J.

aav 13.05.2026