R.Kulandhaivelrajan v. The Superintendent Of Prison,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2973 of 2026 R.Kulandhaivelrajan .......

Petitioner / Brother of the convict Vs.

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

2.The Inspector of Police, Saptur Police Station, Madurai 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. 1633/ThaKu.2/2026, dated 27.05.2026, and quash the same as illegal and void, consequential direction may be issued to the first respondent to grant emergency leave without police escort to Sarath, s/o. Ramaraj, PID No.65115, now confined at Central Prison, Madurai forthwith considering the representation dated 20.05.2026.

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.1633/ThaKu.2/2026, dated 27.05.2026 and for a consequential direction to the first respondent to grant emergency leave without police escort to the petitioner's husband, who is presently serving sentence at Central Prison, Madurai.

2. Heard the learned counsel on either side.

3. The petitioner's brother is a life convict and is presently serving sentence at Central Prison, Madurai. The petitioner submitted a representation seeking for emergency leave on the ground that the victim's wife delivered a child and she is also suffering from certain ailments, which requires immediate treatment. Hence, financial arrangements must be made for the treatment.

4. The first respondent, on considering the representation, was pleased to reject the same on the ground that there is one pending case against the convict. Aggrieved by the same, the present writ petition has been filed before this Court.

5. The learned counsel for the State of Tamil Nadu (Criminal Side) submitted that the convict has undergone sentence of four years, four months and fourteen days till now and that earlier, he was granted emergency leave on 10 occasions and ordinary leave on one occasion.

6. Taking into consideration the facts and circumstances of the case and the submissions made on either side and the reason assigned seeking for emergency leave, we are inclined to interfere with the impugned proceedings of the first respondent dated 27.05.2026 and the same is hereby quashed.

7. There shall be a direction to the first respondent to grant three days emergency leave to the convict subject to the condition that the

convict will report before the second respondent daily at 05.00 p.m., during the entire emergency leave period.

8. This writ petition (criminal) is allowed in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 05.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Superintendent of Prison, Central Prison, Madurai-625 016.

2.The Inspector of Police, Saptur Police Station, Madurai 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.2973 of 2026 05.06.2026