M.Murugeswari v. The Deputy Inspector General Of Prison
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 M.Murugeswari ... Petitioner -vs1. The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and Correctional Services Madurai Range Madurai Central Prison Campus Madurai.
2. The Superintendent of Prison Central Jail Madurai.
3. The Commissioner of Police O/o. The Commissioner of Police Madurai City.
4. The Inspector of Police O/o. The Inspector of Police Thideer Nagar Police Station Madurai.
..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records passed by Respondent No.2 in No. 1320/ThaKu.2/2026 dated 04.05.2026 and quash the
same as bad in law and in the nature of writ directing the respondents 1 and 2 to grant emergency leave for a period of six days to the petitioner's son namely Mamalai Raj, S/o.Vitappamani, C.P.No.1638,PID No.313462 For Petitioner :
Dr.Lakshmi Prasanna Komara 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 second respondent in No. 1320/ThaKu.2/2026 dated 04.05.2026 and direct the respondents 1 and 2 to grant emergency leave for a period of six days to the petitioner's son namely Mamalai Raj, S/o.Vitappamani, C.P.No.1638,PID No. 313462
2. It is the case of the petitioner that her son was convicted by the I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.329 of 2021 and sentenced to undergo ten years rigorous imprisonment for the offence under Section 8(c) r/w.20(b)(ii)(C) of NDPS Act. Aggrieved over the same, the convict has not filed any appeal. While being so, the petitioner applied for emergency leave for her son to attend her another son's marriage which is solemnized on 18.05.2026, however it was rejected on the ground that the
convict is facing yet another case in S.C.NMo.4 of 2023 on the file of the V Additional District Court, Madurai for the offence under Sections 147,148,294(b),506(ii) of IPC and 83(2) of JJ Act and Section 4 of TNPPDL Act and 3(a) of Explosives Substances Act, and 25(i) of Arms Act 3.The learned Additional Public Prosecutor, on instructions, submitted that the request of the petitioner was rejected on the ground that the convict is facing yet another case.
4. Considering the above facts and circumstances of the case, this Court is inclined to grant two days emergency leave to the convict without escort to attend the his elder brother's marriage. In view of the same the order passed by the second respondent cannot be sustained and the same is liable to be set aside.
5. Accordingly, the impugned order passed by the second respondent is set aside and writ petition is disposed of with the following directions:
(i) The second respondent directed to grant two days emergency leave without to the convict prisoner
namely, Mamalai Raj, S/o.Vitappamani, C.P.No. 1638,PID No.313462 now confined at Central Prison, Madurai on 17.05.2026 and 18.05.2026 The convict prisoner shall be released from the prison on 17.05.2026 at 9.00 am., (ii) He shall report back to the Superintendent of Prison, Central Jail, Madurai / second respondent, by 18.05.2026 at 6.00pm.., (iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
(v) During the leave period the convict prisoner shall report before the fourth respondent police daily at 10.30 a.m., and 5.30 p.m., [G.K.I., J.] [K.R.S., J.] 13.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 14.05.2026
To:
1. The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and Correctional Services Madurai Range Madurai Central Prison Campus Madurai.
2. The Superintendent of Prison Central Jail Madurai.
3. The Commissioner of Police O/o. The Commissioner of Police Madurai City.
4. The Inspector of Police O/o. The Inspector of Police Thideer Nagar Police Station Madurai.
5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and K. RAJASEKAR , J.
aav 13.05.2026