Madras High Court

WP CRL.(MD)/5834/2026 of Stalin Vs The Superintendent of Prison on 28 October 2026

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WP Crl.(MD) No. 5834 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. 5834 of 2026

CNR:{HCMD011497652026}

Stalin

S/o.Ganesan,

No.7,Parvatharajakula Street,

Uthiramerur,

Kanchipuram District.

(Now confined at Central Prison, Trichy)

..Petitioner(s)

Vs

1. The Superintendent of Prison

Central Prison,

Trichy-620 020.

2. The Superintendent of Police

O/o.The Superintendent of Police,

Kanchipuram District.

3. The State Of Tamilnadu Rep By The Inspector Of Police, Uthiramerur Police Station, Kancheepuram District.

..Respondent(s)

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 relating to the impugned order passed by the 1s Respondent vide proceedings in No.294802/ThaKu.4/2026 Dated:28.09.2026 and quash the same as

WP Crl.(MD) No. 5834 of 2026

illegal and Consequently direct the 1st Respondent to grant 6 days Emergency Leave without police escort to the Petitioner namely Stalin, S/o.Ganesan, aged about 40 years, Life Convict, PID No.294802, confined at Central prison, Trichy For Petitioner(s)

:M/s K.A.S. Prabhu

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.) The prayer in the writ petition is to quash the impugned order passed by the first respondent vide proceedings in No.294802/ThaKu.4/2026 dated:28.09.2026 and Consequently direct the first respondent to grant 6 days Emergency Leave without police escort to the Petitioner namely Stalin, S/o.Ganesan, aged about 40 years, Life Convict, PID No.294802, confined at Central prison, Trichy

2. It is the case of the petitioner that he was convicted and sentenced to undergo life imprisonment for the offence under Section 302r/w.34, 120(b)(1)r/w.302, 307 r/w.34, 294(b) and 352 of IPC, which was also confirmed by this Court for the offence under Section 302r/w.34, 307 r/w.34, 294(b) and 352 of IPC. The wife of the convict prisoner is suffering from Uterus related ailment and increased bleeding and thereby his presence is very much required to attend the medical

WP Crl.(MD) No. 5834 of 2026 illness of his wife. Hence the petitioner has made a representation to the respondents seeking six days emergency leave to attend the medical illness of his wife, however the respondent rejected the same by an order dated 28.09.2029, thereby he seeks to set aside the order.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that the Probation Officer has not recommended for grant of leave. Further he stated that the wife of the petitioner was not admitted in any hospital and she is in good health condition, thereby the respondents rejected the request of the petitioner.

4. Taking into consideration the facts and circumstances of the case on hand that the presence of the petitioner is very much required to attend the medical illness of his wife who is suffering from uterus related ailments, the impugned order passed by the first respondent dated 28.09.2026 is set aside and the petitioner is granted six days emergency leave without police escort.

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

(i) The respondents are directed to grant six days emergency leave to the convict

WP Crl.(MD) No. 5834 of 2026 prisoner namely Stalin, S/o.Ganesan, aged about 40 years, Life Convict, PID No.294802, confined at Central prison, Trichy without escort

(ii) During the said leave period, the convict prisoner shall report before the third 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, 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

WP Crl.(MD) No. 5834 of 2026 To

1. The Superintendent of Prison Central Prison Trichy-620 020

2. The Superintendent of Police O/o.The Superintendent of Police Kanchipuram District

3. The Inspector Of Police, Uthiramerur Police Station Kancheepuram District

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

WP Crl.(MD) No. 5834 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5834 of 2026 28-10-2026

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