Madras High Court
WP CRL./2823/2026 of Mathesh Vs The State Rep. by, The Deputy Inspector General of on 23 October 2026
WP Crl. No. 2823 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
WP Crl. No. 2823 of 2026
WP MP Crl. No. 1041 of 2026
CNR: {HCMA012561062026}
Mathesh
..Petitioner(s)
Vs
1. The State Rep. By
The Deputy Inspector General of Prison,
Coimbatore Range, Coimbatore.
2. The Superintendent,
Salem Central Prison, Salem.
3. The Inspector of Police
Hasthampatti Police Station, Salem.
..Respondent(s)
Prayer: Petition filed under Article 226 of the Constitution, seeking a writ of certiorarified mandamus to call for the records pertaining to the Impugned Order bearing No.1163/Tha.Ku-4/2026 dated 01.10.2026
passed by the 2nd Respondent and quash the same and consequently direct the Respondents to grant emergency leave for 6 days without escort to the detenue, Mathesh,S/o.Chinnathambi aged about 36 years, convict prisoner, PID No.24161 and CT No.8849, at Central Prison, Salem.
For Petitioner(s):
S.Pandiyan
For Respondent(s):
Mr.C.R.Malarvannan,
Additional Public Prosecutor
WP Crl. No. 2823 of 2026
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ORDER
(Order of the Court was made by Sunder Mohan J.) The writ petition challenges the order dated 01.10.2025, granting one day emergency leave instead of six days, as requested by the petitioner.
2. The petitioner is a life convict and has served 11 years of imprisonment. By the impugned order, his request for emergency leave was considered and he was granted a day's leave.
3. The learned counsel for the petitioner would pray that the respondents, having accepted the reason given by the petitioner for leave, ought to have granted six days' leave and prayed for the same.
4. The learned Additional Public Prosecutor has no serious objections for the grant of six days' emergency leave and also produced the earlier order of this Court, granting leave to the petitioner.
5. The petitioner is eligible for six days emergency leave admittedly. In view of the same and the aforesaid submissions, the petitioner is granted six days' emergency leave without escort, commencing from 26.10.2026.
WP Crl. No. 2823 of 2026
6. Accordingly, this Writ Petition is allowed, and the impugned order is set aside. The convict prisoner is granted emergency leave without escort for a period of 6 days commencing from 26.10.2026 on the following conditions:
(i) The respondents are directed to release the convict viz.,Mathesh, aged 36 years, S/o.Chinnathambi, PID No.24161, confined at Central Prison, Salem, on emergency leave without escort, for a period of 6 days i.e., from 26.10.2026 to 31.10.2026.
(ii) The convict shall be released on 26.10.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Salem, on 01.11.2026 before 10.00 A.M.
(iii) The convict shall report before the jurisdictional police i.e., Hasthampatti Police Station, Salem, daily at 10.30 a.m., during the period of leave, except the date of release and surrender.
(iv) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual. Consequently, the connected miscellaneous petition is closed. (S.M.,J.) (G.K.M.,J.) 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (tsg/drm) Note: Issue order copy on 23.10.2026
WP Crl. No. 2823 of 2026
SUNDER MOHAN, J. AND GK.MUTHUKUMAAR, J. (tsg/drm) To:
1. The Deputy Inspector General of Prison Coimbatore Range, Coimbatore.
2. The Superintendent Salem Central Prison, Salem.
3. The Inspector of Police Hasthampatti Police Station, Salem.
4. The Public Prosecutor, Madras High Court. WP Crl. No. 2823 of 2026 WP MP Crl. No. 1041 of 2026 23-10-2026