Madras High Court

WP Crl.(MD)/5714/2026 of K.Manjula Vs The State of Tamilnadu on 2 November 2026

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WP Crl.(MD) No. 5714 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02-11-2026

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MR.JUSTICE N.GUNASEKARAN

WP Crl.(MD) No. 5714 of 2026

CNR:{HCMD011386082026}

K.Manjula

W/o.Kannanm

D.No.6/89, Maiamman Kovil Middle Street, Maruthadi Village, Natramangalam Post, Perambalur District.

..Petitioner(s)

Vs

1. The State of Tamilnadu

Rep by its Secretary to Government,

Home (Prison) Department,

Secretariat,Chennai.

2. The Deputy Inspector General of Prison, Trichy Range, Trichy District.

3. The Superintendent of Prison,

Central Prison,

Trichy.

..Respondent(s)

PRAYER: Petition filed under Section Article 226 of Constitution of India to issue any orders, directions or writs in particular a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 12.09.2026 seeking grant of 30 days ordinary leave __________

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WP Crl.(MD) No. 5714 of 2026

to her husband, namely Mr.Kannan, Life Convict Prisoner, PID

No.85821/C7 719, presently confined in the Cental Prison, Trichy on medical and humanitarian grounds.

For Petitioner(s)

:M/s P.Subathra Devi

For Respondent(s)

:M/s.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 the petition is to direct the third respondent to consider the petitioner's representation dated 12.09.2026 seeking grant of 30 days ordinary leave to her husband, namely Mr.Kannan, Life Convict Prisoner, PID No.85821/C7 719, presently confined in the Cental Prison, Trichy on medical and humanitarian grounds.

2. The learned counsel appearing for the petitioner submitted that the husband of the petitioner was convicted in SC.No.134 of 2019 for the offence under Section 302 of IPC by the Mahila Court, Trichy and sentenced to undergo life imprisonment by judgment dated 20.11.2025. Prior to the date of passing judgment the husband of the petitioner met with an accident and sustained serious spinal injury and suffered Traumatic L.I. Fracture with paraplegia resulting in paralysis of both his lower limbs. Her husband is unable to stand or walk and he is completely bed ridden and he is dependent upon others even for attending his basic __________

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WP Crl.(MD) No. 5714 of 2026 personal day to day activities. Hence she had sent a representation to the authorities seeking 30 days ordinary leave to her husband along with medical records. She is not aware about the technicalities prescribed for ordinary leave or emergency leave and the health condition of her husband is also now deteriorating and it is an emergency requirement.

3. The learned Additional Public Prosecutor submitted that the representation of the petitioner was considered and the same was rejected. Since the husband of the petitioner does not get qualified for ordinary leave as per Tamil Nadu Suspension of Sentence Rules, the second respondent had passed a rejection order in Ro.TRY/589/2026/CA dated 15.10.2026.

4. From the report it is seen that the representation of the petitioner neither stated about emergency leave nor about ordinary leave. Her request is that her husband's health condition is deteriorating and he needs medical emergency. Further the jail doctor had given medical certificate stating that the husband of the petitioner must be nursed adequately and proper nursing care should be given to him. In view of the same the impugned order cannot be sustained. Further the jail records also confirms that the husband of the petitioner needs medical emergency __________

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WP Crl.(MD) No. 5714 of 2026

5. In view of the above, the order passed by the second respondent rejecting the request of the petitioner in in Ro.TRY/589/2026/CA dated 15.10.2026 is set aside with the direction to the prison authorities to re- consider the petitioner's representation for emergency leave and dispose of the same within a period of three weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition(Crl) stands disposed of. No costs. (M.N.K.,J.) (N.G.N.,J.) 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV To

1. The Secretary to Government, State of Tamil Nadu Home (Prison) Department Secretariat Chennai

2. The Deputy Inspector General of Prison Trichy Range Trichy District

3. The Superintendent of Prison Central Prison Trichy __________

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WP Crl.(MD) No. 5714 of 2026

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

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WP Crl.(MD) No. 5714 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5714 of 2026 02-11-2026 __________

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