Madras High Court
WP Crl.(MD)/5960/2026 of Selvam @ Arulpandian Vs The Deputy Inspector General of Prison on 2 November 2026
WP Crl.(MD) No. 5960 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. 5960 of 2026
CNR:{HCMD011539842026}
Selvam @ Arulpandian
S/o, Krishnan,
Convict Prisoner,
C.P.No.4390,
PID No.134658,
Palayamkottai Central Prison,
Tirunelveli District
..Petitioner(s)
Vs
1. The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai
2. The Superintendent of Prison,
Palayamkottai Central Prison, Tirunelveli District
3. The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District.
4. The Inspector of Police,
Manamadurai SIPCOT 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 to call for the records connected with the impugned order No.
WP Crl.(MD) No. 5960 of 2026
1101/Vu.tha.2/2026 dated 06.10.2026 issued by the Respondent No. land quash the same as illegal, consequently direct the Respondent to release the petitioner namely Sélvam @ Arulpandian (Convict Prisoner 'No.4390, PID No.134658) son of Krishnan aged about 36 years who-is now confining at Madurai Central prison, from the prison on the ordinary leave for 28 days without escort by considering the petitioner's representation dated 10.09.2026 in accordance with law.
For Petitioner(s)
:M/s R.Prakash
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.) Aggrieved by the condition “with police escort” while granting 28 days ordinary leave to the convict prisoner under the order dated 10.09.2026, 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 life imprisonment for the offence under section 366(A), 376(2)(g) of IPC and Section 6 of POCSO Act. Against which the convict has also preferred an appeal before this Court in Crl.A(MD)
WP Crl.(MD) No. 5960 of 2026 No. 542 of 2022 and this Court partly allowed the appeal by modifying the sentence to 20 years. Since the presence of the convict petitioner is required to attend the illness of his mother the petitioner made a request to the respondents for grant of ordinary leave. But, the respondents, under the order dated 06.10. 2026, has granted 28 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, prays to modify the condition “with escort” as “without escort”.
3. The learned Additional Public Prosecutor appearing for the respondents submitted that this is the first time the petitioner is going on leave. He further submitted that, considering the increasing instances of prisoners escaping from custody, granting leave without police escort would not be appropriate. Hence, he strongly opposed to grant leave to the convict prisoner.
4. Taking into consideration the submission made by the learned Additional Public Prosecutor we are inclined to direct the respondents to grant 28 days ordinary leave to the convict prisoner namely Sélvam @ Arulpandian (Convict Prisoner 'No.4390, PID No.134658) son of Krishnan aged about 36 years who is now confined at Central prison, Madurai
WP Crl.(MD) No. 5960 of 2026 with escort. However the escort charges shall be borne by the State. All other conditions imposed by the first respondent shall remain unaltered. 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 Deputy Inspector General of Prison Office of the Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai
2. The Superintendent of Prison Palayamkottai Central Prison, Tirunelveli District
3. The Superintendent of Police Office of the Superintendent of Police
4. The Inspector of Police Manamadurai SIPCOT Police Station Sivagangai District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 5960 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5960 of 2026 02-11-2026