Madras High Court

WP Crl.(MD)/6126/2026 of B. Vigneswaran Vs The State of Tamilnadu on 10 November 2026

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WP Crl.(MD) No. 6126 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10-11-2026

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MR.JUSTICE N.GUNASEKARAN

WP Crl.(MD) No. 6126 of 2026

CNR:{HCMD011584052026}

B. Vigneswaran

S/o, Balamurugan,

East Street,

Ammanaickenpatti,

Peraiyur Taluk,

Madurai District.

..Petitioner(s)

Vs

1. The State of Tamilnadu

Rep.by the Superintendent of Prisons,

Madura-CP-SO-TNPCS,

Madurai-16.

2. The State of Tamilnadu

The Superintendent of Prisons,

Central Prison,

Madurai.

3. The State of Tamilnadu

The Inspector of Police,

All Women Police Station,

Thirumangalam.

In Cr.No.81 of 2017

..Respondent(s)

PRAYER: To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned proceedings No.2983/Thagu.2/2026

dated 16.10.2026 issued by the 1st Respondent insofar as impose the

WP Crl.(MD) No. 6126 of 2026

condition of police escort for the ordinary leave granted to the convict prisoner namely Dharmadurai, S/o. Booranasundaram and quash the same and consequently direct the respondents to permit the convict prisoner namely Dharmadurai, S/o.Booranasundaram to avail ordinary leave without police escort subject to reasonable conditions that may be stipulated by this Court.

For Petitioner(s)

:M/s S. Maya Perumal

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 convict prisoner under the order dated 16.10.2026, 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 his brother was convicted and sentenced to undergo life imprisonment for the offence under section 5(l),5(j)(ii) of POCSO Act , which was partly allowed by this Court in Crl.A(MD) No.820 of 2022 and sentenced to undergo ten years rigorous imprisonment. Since the mother of the convict prisoner is seriously ill, the petitioner made a request to the respondents for grant of emergency leave. But, the respondents, under the order dated 16.10.2026, has granted 6 days emergency leave, however, with police escort, to the convict petitioner. It is the further case of the petitioner that he is not

WP Crl.(MD) No. 6126 of 2026 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 presence of the petitioner is required to attend the illness of his mother, we are inclined to direct the respondents to grant emergency leave without police escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant 6 days emergency to the convict prisoner namely Dharmadurai, S/o.Booranasundaram (PID. No: 24624) now confined at Central Prison, Madurai without escort

(ii) During the said leave period, the convict prisoner shall report before the third respondent, daily at 5.00 p.m., without fail.

(iii) He shall report back to the second respondent, on

WP Crl.(MD) No. 6126 of 2026 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 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.) (N.G.N.,J.) 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV To

1. The Superintendent of Prisons Madura-CP-SO-TNPCS Madurai-16

2. The Superintendent of Prisons Central Prison Madurai

3. The Inspector of Police All Women Police Station Thirumangalam In Cr.No.81 of 2017

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

WP Crl.(MD) No. 6126 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 6126 of 2026 10-11-2026

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