Madras High Court
WP CRL.(MD)/5211/2026 of Servai Vs The Deputy Inspector General on 16 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
WP Crl.(MD) NO. 5211 of 2026
{CNR: HCMD011301002026}
Case QR
Servai
... Petitioner
Vs.
1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai 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,
Virudhunagar District.
4.The Inspector of Police,
O/o.Sattur Police Station,
Virudhunagar District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records passed by Respondent No.1 in No.865/Vu.2/2026
dated 31.08.2026 and quash the same as bad in law and further direct the Respondent No.1 and 2 to grant ordinary leave without escort for the period of 21 days to the petitioner's husband namely, Krishnasamy, S/o.Subban, (C.P.No.1466) (PID No.240533), who is a convict prisoner in a POSCO case and incarcerated in Madurai Central Prison for the past five years.
For Petitioner
: Dr.Lakshmi Prasanna Komara
For Respondents : Mr.D.Venkatesh,
Addl. Public Prosecutor.
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ORDER
(By G.R.SWAMINATHAN, J.) Heard both sides.
2. The writ petitioner's husband suffered conviction and sentence under POCSO Act, 2012. He is in Central Prison, Madurai for more than three years. He sought 21 days ordinary leave. It was granted by the first respondent vide proceedings dated 31.08.2026. However, it was stipulated that he should be accompanied by escort. Aggrieved by the said condition, this writ petition came to be filed.
3. We are satisfied that the condition No.1 stipulating that the prisoner should be accompanied by escort can be relaxed. We are satisfied that the convict is not a flight risk. Hence the said condition stands deleted.
4. As per Rule 26 of the Tamil Nadu Suspension of Sentence Rules, 1962, the surety bonds of the sureties should be executed before the jurisdictional Tahsildar.
5. The learned counsel for the petitioner submitted that there are some practical difficulties in fulfilling that formality.
6. Our attention is drawn by the learned Additional Public Prosecutor to the order dated 20.12.2023 in W.P.(MD)No.27789 of 2023 wherein the Hon'ble Division Bench had specifically held that the revenue Tahsildars who are acting pursuant to Rule 26 of the Tamil Nadu
Suspension of Sentence Rules and taking bond under Form II vide Rule 25 of said Rules, shall not insist on ownership of immovable properties or shall not insist on immovable properties in any manner qua sureties.
7. We therefore direct the jurisdictional Tahsildar that he should not insist on patta or any other document relating to property. If the surety produces the Aadhaar card, Ration Card and self-attested photos, that should be taken as sufficient sufficient. We further direct that the verification process and sending surety bonds to the Superintendent of Prison should be done within a period of one week after the submission of the surety bonds.
8. This writ petition is allowed accordingly. No costs. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:
1. The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai 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, Virudhunagar District.
4. The Inspector of Police, O/o.Sattur Police Station, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias W.P.Crl.(MD)No.5211 of 2026
16.09.2026