Madras High Court
WP CRL.(MD)/5864/2026 of Vadivel Murugan Vs The Deputy Inspector General on 28 October 2026
WP Crl.(MD) No. 5864 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. 5864 of 2026
CNR:{HCMD011512002026}
Vadivel Murugan
Convict Prisoner,
PID. No.82237
S/o.Kathamuthu,
Odaikkal,Sanaveli,
Ramanathapuram-623 538,
Now confined at,
Madurai Central Prison,
Madurai.
..Petitioner(s)
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,
Ramanathapuram District.
4. The Inspector Of Police,
R.S. Mangalam Police Station,
Ramanathapuram District.
..Respondent(s)
WP Crl.(MD) No. 5864 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 passed by Respondent No.1 in No. 1051/2.5.2/2026
dated 27.09.2026 and quash the same as bad in law and further direct the Respondent No.1 and 4 to grant ordinary leave without police escort for the period of 21 days to the petitioner namely Vadivel Murugan s/o Kathamuthu (PID. No: 82237) who is a convict prisoner in a Criminal case and incarcerated in Madurai Central Prison for the past 4 years For Petitioner(s)
:M/s Dr. Lakshmi Prasanna Komara
For Respondent(s)
:M/s.T.Lenin Kumar
Additional Public Prosecutor
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 27.09.2026, 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 he was convicted and sentenced to undergo 10 years rigorous imprisonment for the offence under section 376 and 307 of IPC, which was also confirmed by this Court. Since the house of the petitioner is in dilapidated condition the presence of the petitioner is required to do some renovation work in his house for his family members, thereby the petitioner made a request to
WP Crl.(MD) No. 5864 of 2026 the respondents for grant of ordinary leave. But, the respondents, under the order dated 27.09.2026, has granted 21 days ordinary leave, however, with police escort, to the convict 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 do some renovation work in his house for his family members we are inclined to direct the respondents to grant ordinary 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 Vadivel Murugan, s/o Kathamuthu (PID. No: 82237) now confined at Central Prison, Madurai without escort
(ii) During the said leave period, the convict
WP Crl.(MD) No. 5864 of 2026 prisoner shall report before the fourth respondent, daily at 10.00a.m., without fail.
(iii) He shall report back to the second 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. 5864 of 2026 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 Ramanathapuram District
4. The Inspector Of Police, R.S. Mangalam Police Station Ramanathapuram District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 5864 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5864 of 2026 28-10-2026