Madras High Court

WP CRL.(MD)/5814/2026 of P.Senkottai Muniyasamy Vs The Deputy Inspector General on 26 October 2026

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WP Crl.(MD) No. 5814 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. 5814 of 2026

CNR:{HCMD011529192026}

P.Senkottai Muniyasamy

S/o, Ponnusamym

Kannigapuri,

Mokkaiyur Post,

Sayalkudi Via

Kadaladi Taluk,

Ramanathapuram District

..Petitioner(s)

Vs

1. The Deputy Inspector General of Prisons Madurai Range Central Prison Campus, Madurai-625016

2. The Superintendent of Prison

Central Prison, Madurai-625016

3. The Inspector of Police

Sayalkudi Police Station,

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus may be pleased to issue a Writ or Order or Direction, more particularly in the nature of WRIT OF CERTIORARIFIED MANDAMUS calling for the

WP Crl.(MD) No. 5814 of 2026

records in connection with the Impugned Order of the 1st respondent in No.2901/ThaKu.2/ 2026, Dated: 07.10.2026 and QUASH THE SAME as illegal 1- and void, consequently grant 6 days emergency leave without police escort to Kottai Savarimuthu, S/o. Sebastian. (P.I.D. No.325351)

now lodged at Central Prison, Madurai forthwith considering the representation dated: 29.08.2026 and pass such other Order or Orders as this Hon'ble Court may deem fit and proper as to the circumstances of this case and thus render justice.

For Petitioner(s)

:M/s C.Karthikeyan

M/s S.Vishnuvardhan

M/s J. Mohamed Ashik Jaman

For Respondent(s)

:

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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 07.10.2026, 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 seven years rigorous imprisonment and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment for one year for the offences under Sections 9(1)(n)(r) and 10 of POCSO Act and to undergo life imprisonment and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment for five years for

WP Crl.(MD) No. 5814 of 2026 the offence under Sections 5(l)(n)(r) and 6 of POCSO Act. Since the petitioner's mother is suffering from hypertension and coronary artery disease and she requires the presence of the petitioner for taking her to the hospital for treatment. 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 07.10.2026, 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:

WP Crl.(MD) No. 5814 of 2026

(i) The respondents are directed to grant 6 days emergency leave to the petitioner without escort to the petitioner namely Kottai Savarimuthu, S/o Sebastian (P.I.D. No.325351) now lodged 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) 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. 5814 of 2026 To

1. The Deputy Inspector General of Prisons Madurai Range Central Prison Campus Madurai-625016

2. The Superintendent of Prison Central Prison, Madurai-625016

3. The Inspector of Police Sayalkudi Police Station Ramanathapuram District

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

WP Crl.(MD) No. 5814 of 2026 M.NIRMAL KUMAR, J. AND THIRUMAGAL CHANDRASEKAR, J. CM WP Crl.(MD) No. 5814 of 2026 26-10-2026

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