Madras High Court
WP Crl.(MD)/6114/2026 of V.Selvi Vs The Superintendent of Prison on 5 November 2026
WP Crl.(MD) No. 6114 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 6114 of 2026
CNR:{HCMD011581912026}
V.Selvi
W/o.Vaithilingam,
No.8A, Mangammal Salai Street, Alangulam, Tenkasi District-627851
..Petitioner(s)
Vs
1. The Superintendent of Prison,
Central Prison,
Palayamkottai
2. The Inspector of Police,
Alangulam Police Station,
Tenkasi District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order passed by the first respondent vide his proceedings in No.4923/ThaKu.2/2026, dated 27.10.2026 and quash the same, as illegal and void, consequently grant 6 days emergency leave without Police Escort to V.Arul Perumal, S/o.Vaithilingam, PID
No.434737, now confined at Central Prison, Palayamkottai, forthwith, considering the representation dated 23.09.2026.
For Petitioner(s)
:Mr.C.Karthikeyan
__________
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WP Crl.(MD) No. 6114 of 2026
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.) The petitioner, who is the mother of the convict prisoner, namely, V.Arul Perumal, S/o.Vaithilingam, has submitted a representation seeking six days of emergency leave without escort for her son. However, the first respondent, by the impugned order, granted only three days of leave, that too with police escort.
2. The petitioner submits that her son had earlier availed leave without escort. He has maintained good conduct and has not come to any adverse notice of the prison authorities. Further, the petitioner is not in a position to bear the expenses towards police escort. It is also submitted that the petitioner's husband, namely, the father of the convict prisoner, is an aged person suffering from age-related ailments. The petitioner herself had met with an accident and sustained a fracture, for which, she requires medical treatment. In such circumstances, the presence of her son is very much necessary to provide moral and emotional support to his parents. Hence, she seeks six days of emergency leave for her son without escort. __________
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WP Crl.(MD) No. 6114 of 2026
3. In support of her contentions, the petitioner has also enclosed a medical certificate.
4. The learned Additional Public Prosecutor submitted that the convict prisoner is eligible for emergency leave and that he has already been granted three days of leave with police escort.
5. Considering the facts and circumstances of the case, particularly, the medical condition of the convict prisoner's parents, the good conduct of the convict prisoner and the fact that he had earlier availed leave without escort, this Court is of the view that the request for six days of emergency leave in one spell deserves consideration.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The impugned order dated 27.10.2026 is modified by extending the period of leave from three days to six days and dispensing with the requirement of police escort.
(ii) The respondents are directed to grant six days of emergency leave without escort to the convict prisoner, namely, V.Arul Perumal, __________
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WP Crl.(MD) No. 6114 of 2026 S/o.Vaithilingam (PID No.434737), presently confined at the Central Prison, Palayamkottai.
(iii) During the said leave period, the convict prisoner shall report before the second respondent every day at 05.30 p.m., without fail.
(iv) On completion of the leave period, the convict prisoner shall report back to the first respondent without fail.
(v) The petitioner shall produce all necessary documents, along with a copy of this order, before the prison authorities.
(vi) During the leave period, the convict prisoner shall strictly abide by all the conditions prescribed under the Jail Manual.
(vii) The convict prisoner shall utilise the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
(viii) The Superintendent of Prison/concerned jail authorities are directed to impose such other conditions as contemplated under Rule 26 of the Tamil Nadu Suspension of Sentence Rules, 1982.
(ix) No costs. (M.N.K.,J.) (N.G.N.,J.) 05-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No smn2 Note:- Issue order copy on 05.11.2026. __________
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WP Crl.(MD) No. 6114 of 2026 To
1. The Superintendent of Prison Central Prison Palayamkottai
2. The Inspector of Police Alangulam Police Station Tenkasi District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________
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WP Crl.(MD) No. 6114 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. smn2 WP Crl.(MD) No. 6114 of 2026 05-11-2026 __________
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