Pavun v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2848 of 2026 Pavun .......

Petitioner Vs.

1.The Superintendent of Prison, Central Prison, Madurai-625 016.

2.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar 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 Impugned Order passed by the first respondent vide his Proceedings in No. 9129/ThaKu.2/2026 dated 19.05.2026 and quash the same as illegal and void, consequently grant 15 days emergency leave

without police escort to the petitioner's son, Chandrasekar, s/o. Nagaraj, PID No.27086, now confined at Central Prison, Madurai, forthwith considering the representation dated 13.04.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu, (Criminal Side)

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.9129/ThaKu.2/2026, dated 19.05.2026, wherein the first 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 mother of the convict. The convict was convicted for the offence under the POCSO Act and is presently serving sentence at Central Prison, Madurai. The petitioner submitted a representation seeking for emergency leave on the ground that she is suffering from serious health ailments and that she requires the physical and emotional support of her son.

4. The first respondent while dealing with the representation granted three days emergency leave by imposing a condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present writ petition.

5. The learned counsel for State of Tamil Nadu (Criminal Side) on instructions submitted that this is the first time emergency leave has been granted to the convict and since it involves offence under the POCSO Act and the victim girl also committed suicide, the interest of the victim's family was taken into consideration and such a condition was imposed by the first respondent.

6. In our considered view, taking note of the reason for which the emergency leave has been sought for and granted and in order to safeguard the interest of the family, we are inclined to modify the condition to the effect that the convict will report before the second respondent Police Station daily at 05.00 p.m. during the entire period of emergency leave. The other conditions imposed by the first respondent shall stand as it is.

7. This Writ Petition (Criminal) is disposed of in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 01.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Superintendent of Prison, Central Prison, Madurai-625 016.

2.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar District.

3.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.2848 of 2026 01.06.2026