Madras High Court

WP CRL.(MD)/5229/2026 of Viniba Janet Vs The Home Secretary on 16 September 2026

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W.P.Crl.(MD)No.5229 of 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. 5229 of 2026

{CNR: HCMD011303322026}

Case QR

Viniba Janet

... Petitioner

Vs.

1.The Home Secretary,

Home Department (Prison),

Secretariat, Fort St. George,

Chennai-600 009.

2.The Deputy Inspector General of Prisons, Vellore, Vellore Range, Vellore.

3.The Superintendent of Prison,

Central Prison, Vellore.

4.State of Tamilnadu,

Rep by Inspector of Police,

Anjugramam Police Station,

Kanyakumari District.

... Respondents

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W.P.Crl.(MD)No.5229 of 2026

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to calling for the records relating to the proceedings in No. 2671/thaku.

3/2026 dt. 07.09.2026 passed by the 3rd respondent quash the same and consequently direct the respondents to grant 6 days emergency leave without escort to the petitioner's husband P.M.Basil, S/o.P.Ponswamy, PID No.111728, confined at Central Prison, Vellore.

For Petitioner

: Mr.R.Jenifar Bibin

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 life sentence. He is presently in Central Prison, Vellore. Emergency leave was sought for six days. However, emergency leave was granted only for three days and

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W.P.Crl.(MD)No.5229 of 2026 that too with escort. Challenging the same, this writ petition has been filed.

3. We take judicial notice of the fact that the prisoner was acquitted by the Madras High Court. But the acquittal was reversed by the Hon'ble Supreme Court. The Hon'ble Supreme Court directed the petitioner's husband to surrender. The petitioner's husband also surrendered and obeyed the Supreme Court's direction. Earlier, he was granted emergency leave without escort. The prisoner had returned to the prison on the appointed day. Thus, we are satisfied that the petitioner's husband can be granted the same indulgence again.

4. Considering overall facts and circumstances, the three days emergency leave granted by the authority is extended to six days. The condition that the prisoner must be accompanied with escort is modified. The prisoner is granted six days emergency leave without escort. However, during the said period, the prisoner has to sign before the fourth respondent daily at 08.00 pm. This is a case of emergency leave. Hence, it is enough that the prisoner alone executes the surety bond before the prison authority.

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W.P.Crl.(MD)No.5229 of 2026

5. The impugned order is modified accordingly and the writ petition is allowed. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 17.09.2026. To:

1. The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.

2. The Deputy Inspector General of Prisons, Vellore, Vellore Range, Vellore.

3. The Superintendent of Prison, Central Prison, Vellore.

4. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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W.P.Crl.(MD)No.5229 of 2026

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W.P.Crl.(MD)No.5229 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

ias W.P.Crl.(MD)No.5229 of 2026

16.09.2026

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