P.Saravanasundari v. The Home Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3250 of 2026 and W.M.P.Crl.(MD) No.791 of 2026 P.Saravanasundari ......
Petitioner Vs.
1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007.
4.The Inspector of Police, Eral Police Station, Thoothukkudi 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 proceedings in No.4872/thaku.2/2025, dated 05.06.2026,
and quash the same and direct the 3rd respondent to grant three days emergency leave without escort to the petitioner's husband Pachaiperumal @ Pachaikutty, S/o.Gunasekara Pandian, aged 42, convict No.4872, PID No.409941, presently confined at Central Prison, Palayamkottai. For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.T.Lenin Kumar 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 third respondent made in No.4872/thaku.2/2025, dated 05.06.2026, wherein the petitioner is aggrieved by the condition imposed by the third respondent while granting 3 days emergency leave to the effect that the convict will be accompanied by an escort during the entire leave period.
2. Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.
3. The petitioner's husband is a life convict, who is presently serving sentence at Central Prison, Palayamkottai. A representation was made by the petitioner seeking emergency leave on the ground that she is suffering from ailments and she requires the physical and emotional support of the convict.
4. The third respondent, while considering the representation, was pleased to grant 3 days emergency leave, but however imposed 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 TN (Crl.Side) submitted that the convict has undergone sentence of 4 years, 4 months and till now, the convict has availed emergency leave once.
6. Taking into consideration the facts and circumstances of the case and considering the grievance expressed by the petitioner and the reason, for which the emergency leave has been sought for, we are inclined to modify the condition imposed by the third respondent to the effect that
the convict shall report before the 4th respondent daily at 5.00 PM during the entire emergency leave period. The other conditions imposed by the third respondent shall stand as they are and the sureties shall be executed before the jail authorities.
7. This Writ Petition (Criminal) is allowed with the above directions. Consequently, connected Miscellaneous Petition is closed. No costs.
[N.A.V., J.] & [K.K.R.K., J.] 19.06.2026 NCC : Yes / No Index : Yes / No Indu
To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001.
3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007.
4.The Inspector of Police, Eral Police Station, Thoothukkudi District.
5.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.3250 of 2026 19.06.2026