Madras High Court

WP CRL.(MD)/5826/2026 of Prakash Vs The Deputy Inspector General on 28 October 2026

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WP Crl.(MD) No. 5826 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28-10-2026

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MR.JUSTICE N.GUNASEKARAN

WP Crl.(MD) No. 5826 of 2026

CNR:{HCMD011501332026}

Prakash

S/o.Thandapani,

PID No.207680,

C.P.No.0224,

Convict Prisoner,

Open AIR Prison,

Purasadaiudaippu,

Sivagangai District.

..Petitioner(s)

Vs

1. The Deputy Inspector General of Prison Office of the Deputy Inspector General of Prison, Madurai Central Prison Campus,Madurai.

2. The Superintendent of Prison

Madurai Central Prison,

Madurai District.

3. The Deputy Jailor

Office of the Deputy Jailor,

Open Air Prison,Purasadaiudaippu,

Kalayarkovil,Sivagangai District.

4. The Superintendent of Police

Office of the Superintendent of Police,

Dindigul District.

5. The Inspector Of Police,

Vedasandur Police Station,

Dindigul District. ..Respondent(s)

WP Crl.(MD) No. 5826 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 call for the records connected with the impugned order No.1016/Vu.tha.2/2026 dated 21.09.2026 issued by the Respondent No.l and quash the same as illegal, consequently to direct the Respondent to release Petitioner namely Prakash (Convict Prisoner No.0224, PID

No.207680) son of Thandapani aged about 28 years, now confining at Open Air prison Purasadaiudaippu, from the prison on the ordinary leave for 21 days without escort by considering the representation dated 20.08.2026 in accordance with law For Petitioner(s)

:M/s R.Prakash

For Respondent(s)

:M/s.T.Lenin Kumar

Additional Public Prosecutor

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ORDER

(Order of the Court was made by M.Nirmal Kumar J.) Aggrieved by the condition “with police escort” while granting 21 days ordinary leave to the convict prisoner under the order dated 21.09.2026, passed by the first respondent, the petitioner herein, has come to this Court by filing this writ petition.

2. It is the case of the petitioner that the petitioner was convicted and sentenced to undergo 10 years rigorous imprisonment for the offence under section 366 of IPC and Section 6 of POCSO Act. Since the presence of the petitioner is required to attend the illness of his mother the petitioner made a request to the respondents for grant of

WP Crl.(MD) No. 5826 of 2026 ordinary leave. But, the respondents, under the order dated 21.09.2026, has granted 21 days ordinary leave, however, with police escort, to the petitioner. It is the further case of the petitioner that he is not able to provide food and accommodation to the police escort, and therefore, he prays to modify the condition “with escort” as “without escort”.

3. Heard Mr.T.Lenin Kumar, learned Additional Public Prosecutor appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case on hand that the presence of the petitioner is required to attend the medical illness of his mother, we are inclined to direct the respondents to grant leave without police escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant 21 days ordinary leave to the convict prisoner namely Prakash (Convict Prisoner No.0224, PID No.207680) son of Thandapani aged about 28 years, now confining at Open Air prison Purasadaiudaippu without escort

WP Crl.(MD) No. 5826 of 2026

(ii) During the said leave period, the convict prisoner shall report before the fifth respondent, daily at 10.00a.m., without fail.

(iii) He shall report back to the third respondent, on completion of the leave period, without fail.

(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.

(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(vi) The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities

(vii) The concerned Superintendent of Prison/jail authorities are directed to impose other conditions as contemplated under Rule 26 of the Tamil Nadu Suspension of Sentence Rules,1982.

(viii) No costs. (M.N.K.,J.) (N.G.N.,J.) 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV

WP Crl.(MD) No. 5826 of 2026 To

1. The Deputy Inspector General of Prison Office of the Deputy Inspector General of Prison Madurai Central Prison Campus Madurai

2. The Superintendent of Prison Madurai Central Prison Madurai District

3. The Deputy Jailor Office of the Deputy Jailor Open Air Prison Purasadaiudaippu Kalayarkovil Sivagangai District

4. The Superintendent of Police Office of the Superintendent of Police Dindigul District

5. The Inspector Of Police, Vedasandur Police Station Dindigul District

6. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

WP Crl.(MD) No. 5826 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5826 of 2026 28-10-2026

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