Madras High Court

WP CRL.(MD)/5715/2026 of Murugan Vs The Deputy Inspector General on 16 October 2026

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WP Crl.(MD) No. 5715 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MR.JUSTICE N.GUNASEKARAN

WP Crl.(MD) No. 5715 of 2026

CNR:{HCMD011469592026}

Murugan

Convict Prisoner

PID.No.95

S/o.Ramar,

Thamariakulam,

Rettaiyurani (POST)

Ramanathapuram-623544

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,

O/o. The Inspector of Police,

Uchipuli Police Station,

Ramanathapuram District.

..Respondent(s)

WP Crl.(MD) No. 5715 of 2026

PRAYER: may be pleased to issue respectfully prayed that this Hon'ble r order or orders a Writ of Cer tiorarified Mandamus in the nature of writ directing the respondents to call for the records passed by the first respondent in No. 725/Vu.tha.2/202d dated 14.07.2026 and quash the same as bad in law and further direct the respondents 1 and 2 to grant ordinary leave without escort for the period of 40 days to Murugan, S/o.Ramar, PDI No.95 who is a convict prisoner in a murder case and incarcerated in Madurai Central Prison for the past eight years.

For Petitioner(s):

Dr. Lakshmi Prasanna Komara

For Respondent(s):

Mr. G.Karuppasamy Pandian

Additional Public Prosecutor

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ORDER

(Order of the Court was made by M.Nirmal Kumar J.) The prayer in this petition is to quash the impugned order passed by the first respondent in No. 725/Vu.tha.2/202d dated 14.07.2026 and direct the respondents 1 and 2 to grant ordinary leave without escort for the period of 40 days to Murugan, S/o.Ramar, PDI No.95 who is a convict prisoner in a murder case and incarcerated in Madurai Central Prison for the past eight years.

2. The learned Additional Public Prosecutor submitted that the convict prisoner was already granted 40 days ordinary leave without escort by an order dated 14.07.2026

WP Crl.(MD) No. 5715 of 2026

3. The learned counsel appearing for the petitioner submitted that though the convict prisoner was granted leave in the order it has been stated that the convict prisoner shall execute a own bond for a sum of Rs.500/- along with two sureties each for the like sum,but it does not state that before whom the bond has to be executed. She further submitted that the convict prisoner is in illiterate and he does not have knowledge about the same. The learned counsel further submitted that the even for Rs.50/- bond the Tahsildhars are seeking for house pattas.

4. In reply the learned Additional Public Prosecutor submitted that this is the first time the learned counsel appearing for the petitioner is raising such a ground and even in the affidavit the petitioner has not stated anything about the same. He further submitted that in the prison manual it has been stated that the bond to be executed before the concerned jurisdictional Tahsilhdar.

5. Taking note of the facts and circumstances of the case and also taking note of the order passed by this Court in the case of Sagayam @ Devasagayam reported in 2017 SCC Online MAD 1653, imposing such a onerous condition would amount to denial of the convict prisoner coming out from prison on ordinary leave.

WP Crl.(MD) No. 5715 of 2026

6. In view of the same, the concerned jurisdictional Tahsildhar is directed not to insist for solvent sureties and production of property documents.

7. With the above direction, the Writ Petition stands disposed of. Further during the leave period the convict prisoner shall report before the fourth respondent police daily at 10.30 a.m., All other conditions imposed in the impugned order shall remain unaltered. (M.N.K.,J.) (N.G.N.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV 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, O/o. The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

WP Crl.(MD) No. 5715 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5715 of 2026 16-10-2026

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