Poongodi v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.2902 of 2026 Poongodi ......

Petitioner Vs.

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

2.The State of Tamilnadu, Represented by the Inspector of Police, Sellur Police Station, Madurai-625 002.

3.The State of Tamilnadu, Represented by the Inspector of Police, NIB - CID Police Station, Madurai District.

(In Crime No.13 of 2020).

...... 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 1st respondent vide his proceedings in No.1598/ThaKu.2/2026, dated 27.05.2026, consequently

grant 10 days emergency leave without Police escort to the petitioner's husband Udhayakumar, S/o.Muniyandi, (PID No.239944) confined at Central Prison, Madurai, forthwith considering the petitioner's representation dated 19.05.2026.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.G.Karuppasamy Pandiyan Counsel for State of TN (Crl.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 impugned proceedings of the first respondent made in No.1598/ThaKu.2/2026, dated 27.05.2026 and for a consequential direction to the respondents to grant ten days emergency leave to the convict without Police escort, who is presently serving sentence at Central Prison, Madurai.

2. Heard the learned counsel for the petitioner and the learned counsel for the State of TN (Crl.Side) appearing on behalf of the respondents.

3. The petitioner is the wife of the convict. The convict was convicted for offences under the NDPS Act and sentenced to undergo 10 years Rigorous Imprisonment. The said judgment of the Trial Court was also confirmed by this Court in Crl.A(MD) No.277 of 2023. Consequently, the convict is presently serving sentence at Central Prison, Madurai.

4. The petitioner submitted a representation seeking emergency leave on the ground that the convict's mother is suffering from cardiac issues. The said representation came to be rejected by the first respondent through the impugned proceedings, dated 27.05.2026 on the ground that there is one pending case against the convict for an offence under Section 392 of IPC. It is under these circumstances that the present Writ Petition came to be filed before this Court.

5. The learned Counsel for the State of TN (Crl.Side) submitted that the convict was convicted for an offence under the NDPS Act and the convict has undergone sentence for nearly 3 years and 9 months. Apart from that, the convict was also granted emergency leave on four occasions.

6. Taking into consideration the facts and circumstances of the case and considering the reason, for which the emergency leave has been sought for and also considering the medical certificate that has been relied upon by the petitioner, dated 19.05.2026 and also taking note of the fact that the convict was granted emergency leave on various occasions and nothing untoward took place, this Court is inclined to interfere with the impugned proceedings of the first respondent, dated 27.05.2026 and the same is hereby quashed. There shall be a direction to the first respondent to grant six (6) days emergency leave to the convict, subject to the condition that the convict will report before the 2nd respondent daily at 5.00 PM during the entire emergency leave period.

7. This Writ Petition (Criminal) is allowed with the above directions. No costs.

[N.A.V., J.] & [K.K.R.K., J.] 02.06.2026 NCC : Yes / No Index : Yes / No Indu

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

2.The Inspector of Police, Sellur Police Station, Madurai-625 002.

3.The Inspector of Police, NIB - CID Police Station, Madurai District.

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

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.2902 of 2026 02.06.2026