Madras High Court

WP CRL.(MD)/5811/2026 of K.Kavitha Vs The Deputy Inspector General on 26 October 2026

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WP Crl.(MD) No. 5811 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26-10-2026

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MRS.JUSTICE THIRUMAGAL

CHANDRASEKAR

WP Crl.(MD) No. 5811 of 2026

CNR:{HCMD011529242026}

K.Kavitha

W/o.Kumar,

West Street,

Chockalingapuram,

Bodikamanvadi,

Aathur Taluk,

Dindigul-624 708.

..Petitioner(s)

Vs

1. The Deputy Inspector General of Prisons Madurai Range, Central Prisons Campus, Madurai-625 016.

2. The Superintendent of Prison

Central Prison,

Madurai-625 016.

3. The State Of Tamilnadu Rep By The Inspector Of Police, Sempatti Police Station, Dindigul District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus may be pleased to issue a WRIT OF CERTIORARIFJED MANDAMUS or any other Order

WP Crl.(MD) No. 5811 of 2026

in the nature of Writ calling for the records relating to the Impugned Order passed by the respondent vide his proceedings in No.2780/ThaKu.2/2026, Dated: 09.10.2026 and QUASH THE SAME as illegal and void and consequently grant 12 days emergency leave without police escort to Madhan @ Michael S/o. Murugesan, PID No. 36649, confined at Central Prison, Madurai forthwith considering the representation dated 18.08.2026.

For Petitioner(s)

:M/s C.Karthikeyan

For Respondent(s)

: Mr.G.Karuppasamy Pandiyan

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 6 days emergency leave to the life 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 the petitioner was convicted and sentenced to undergo life imprisonment for the offences under Sections 120-B, 147, 148, 307, 307 r/w 149, 307 r/w 149/109, 302, 302 r/w 149/109, 212 IPC and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act. Since the petitioner's mother is suffering from acute Cardiac Arrhythmia due to Myocardian Ischemia, she requires the presence of the petitioner for taking her to the hospital for treatment.

WP Crl.(MD) No. 5811 of 2026 Therefore, the life convict prisoner made a request to the respondents for grant of ordinary leave to him. But, the respondents, under the order dated 09.10.2026, has granted 6 days emergency leave leave, however, with police escort, to the life convict prisoner. 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.G.Karuppasamy Pandian, learned Additional Public Prosecutor appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case on hand that the petitioner’s mother requires medical treatment , 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 6 days emergency leave to the petitioner without escort to the petitioner namely Madhan @ Michael S/o. Murugesan, PID No. 36649,

WP Crl.(MD) No. 5811 of 2026 confined at Central Prison, Madurai.

(ii) During the said leave period, the life convict prisoner shall report before the third respondent, daily at 10.00 a.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 life 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) It is made clear that the petitioner will not leave the Township of Dindigul and further will not give any interview directly or indirectly which will affect public peace and tranquillity.

(viii) No costs. (M.N.K.,J.) (T.M.C.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No CM

WP Crl.(MD) No. 5811 of 2026 To

1. The Deputy Inspector General of Prisons Madurai Range Central Prisons Campus Madurai-625 016

2. The Superintendent of Prison Central Prison Madurai-625 016

3. The Inspector Of Police, Sempatti Police Station Dindigul District

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

WP Crl.(MD) No. 5811 of 2026 M.NIRMAL KUMAR, J. AND THIRUMAGAL CHANDRASEKAR, J. CM WP Crl.(MD) No. 5811 of 2026 26-10-2026

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