Madras High Court
WP CRL.(MD)/5832/2026 of C.Kannigadevi Vs The Superintendent of Prison on 28 October 2026
WP Crl.(MD) No. 5832 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. 5832 of 2026
CNR:{HCMD011502292026}
C.Kannigadevi
W/o.Chandrasekar,
Mariamman Kovil Street,
T.Maharajapuram Post,
Watrap Taluk,
Virudhunagar District.
..Petitioner(s)
Vs
1. The Superintendent of Prison
Central Prison,
Madurai-625 016.
2. The Inspector Of Police,
Watrap Police Station,
Virudhunagar District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ or Order or Direction, more particularly in the nature of WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the Impugned Order passed by the 1st respondent vide his proceedings in No.3048/ThaKu.2/2026, Dated: 09.10.2026 and QUASH THE SAME as illegal and void, consequently grant 3 days emergency, leave without police escort to (Chandrasekar, S/o. Nagaraj, PID No.27086, now confined at Central Prison, Madurai forthwith considering the representation dated: 08.09.2026
WP Crl.(MD) No. 5832 of 2026
For Petitioner(s)
:M/s C.Karthikeyan
For Respondent(s)
: M/s.T.LeninKumar
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 3 days emergency leave to the convict prisoner under the order dated 09.10.2026, 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 her husband was convicted and sentenced to undergo 7 years rigorous imprisonment for the offence under section 306 of IPC. Since the presence of the convict petitioner is required to attend the illness of his mother the petitioner made a request to the respondents for grant of emergency leave. But, the respondents, under the order dated 09.10. 2026, has granted three days emergency leave, however, with police escort, to the convict petitioner. It is the further case of the petitioner that she is not able to provide food and accommodation to the police escort, and therefore, she prays to modify the condition “with escort” as “without escort”.
3. Heard Mr.T.Lenin Kumar, learned Additional Public Prosecutor appearing for the respondents.
WP Crl.(MD) No. 5832 of 2026
4. Taking into consideration the facts and circumstances of the case on hand that the presence of the convict 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 three days emergency leave to the convict prisoner namely
Chandrasekar, S/o. Nagaraj, PID No.27086, now confined at Central Prison, Madurai without escort
(ii) During the said leave period, the convict prisoner shall report before the second respondent, daily at 10.00a.m., without fail.
(iii) He shall report back to the first respondent, on completion of the leave period, without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order,
WP Crl.(MD) No. 5832 of 2026 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) 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 To
1. The Superintendent of Prison Central Prison Madurai-625 016
2. The Inspector Of Police, Watrap Police Station Virudhunagar District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 5832 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5832 of 2026 28-10-2026