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Madras High CourtWP Crl.(MD)/3434/2026

M.Selvi v. The Deputy Inspctor General Of Prison,

2026-06-25Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3434 of 2026 M.Selvi ......

Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Maduai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o. the Superintendent of Police, Madurai District.

4.The Inspector of Police, O/o.The Inspector of Police, Alangulam Police Station Tenkasi.

...... 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 of the 1st respondent in No.1664/Thaku. 2/2026 dated 19.06.2026 and quash the same as bad in law and further direct the first respondent to grant emergency leave without escort for the period of six days to the petitioner's brother namely Arumugam, S/o.Selvaraj, C.P.No.5332, PID No.807 and is a convict prisoner in a murder case and languishing in Madurai Central Prison for the past 20 years.

For Petitioner : Dr.Lakshmi Prasanna Komara 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 proceedings of the first respondent made in No.1664/Thaku.2/2026 dated 19.06.2026, wherein the first respondent, while granting emergency leave to the petitioner's brother, imposed a condition that the convict will be accompanied by an escort. The said condition has been put to challenge in the present Writ Petition.

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's brother is a life convict, who is presently undergoing sentence at Central Prison, Madurai. A representation was made by the petitioner, who is the sister of the convict, seeking emergency leave and the same was considered by the first respondent and 6 days emergency leave was granted with a condition that the convict will be accompanied by an escort and this condition has been put to challenge in the present Writ Petition.

4. The learned Counsel for the State of TN (Crl. Side), on instructions, submitted that the convict has undergone sentence of 16 years, 10 months and 20 days and earlier, he was granted ordinary leave once and emergency leave on seven occasions.

5. Taking into consideration the above submissions and considering the reason for which the emergency leave has been sought for,

this Court is inclined to modify the condition imposed by the first respondent through the impugned proceedings dated 19.06.2026, to the effect that the convict shall report before the 4th respondent Police daily at 5.00 p.m. during the entire leave period. The other conditions imposed by the first respondent shall stand as they are and the sureties shall be executed before the jail authorities.

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

[N.A.V., J.] & [K.K.R.K., J.] 25.06.2026 NCC : Yes / No Index : Yes / No Indu

To 1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Maduai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai.

3.The Superintendent of Police, O/o. the Superintendent of Police, Madurai District.

4.The Inspector of Police, O/o.The Inspector of Police, Alangulam Police Station Tenkasi.

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.3434 of 2026 25.06.2026