Madras High Court
WP Crl.(MD)/6127/2026 of Rani Vs The State of Tamilnadu on 10 November 2026
WP Crl.(MD) No. 6127 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. 6127 of 2026
CNR:{HCMD011603282026}
Rani
No.5/161, Odai Theiru, Sankar Nagar,
North Thalaiyuthu,
Tirunelveli-627357
..Petitioner(s)
Vs
1. The State of Tamilnadu,
Rep.by the Additional Chief Secretary,
Fort St' George,
Chennai-600009.
2. The Director General of Prisons and Correctional Services, Tamilnadu Prison Department, Egmore, Chennai-600008.
3. The Superintendent of Prisons,
Central Prsion-I,
Palayamkottai,
Tirunelveli District.
4. The Inspector of Police,
Thaliyuthu Police Station,
Tirunelveli District.
..Respondent(s)
PRAYER: To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to No.5754/ThaKu.3/2026 dated 06.10.2026, quash the same and consequently direct the respondents to grant six days __________
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WP Crl.(MD) No. 6127 of 2026
emergency leave to the petitioner son, namely, the life convict, PID
No.132798, Vijaya Rama Murthy, S/o.Mari Alangaram, to enable him to provide assistance for the continued medical treatment of his ailing father namely Mari Alangaram.
For Petitioner(s)
:M/s S.Kasirajan
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.) This petition has been filed to quash the impugned order passed by the third respondent and to grant six days emergency leave to the petitioner's son, namely Vijaya Rama Murthy, S/o.Mari Alangaram, life convict, PID No.132798, to enable him to provide assistance for the continued medical treatment of his ailing father namely Mari Alangaram.
2. The petitioner/ mother of the convict prisoner has sent a representation seeking leave to the convict stating that the father of the convict prisoner is suffering from Acute Exacerbation of COPD/Coronary Artery Disease and was admitted as inpatient in Tirunelveli Medical College Hospital from 22.09.2026 to 24.09.2026. With discharge summary she had made a representation to the Prison authorities and the Prison authorities by an order dated 06.10.2026 had rejected the request citing Rule 9 of Tamil Nadu Suspension of Sentence __________
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WP Crl.(MD) No. 6127 of 2026 Rules. As per Rule 9 of Tamil Nadu Suspension of Sentence Rules if blood relatives of the convict prisoner are seriously ill then only their request can be considered. In this case there is no medical certificate confirming that the father of the convict prisoner is ill.
3. The learned counsel appearing for the petitioner would submit that earlier the petitioner had given a representation on 05.08.2026 and the same was not considered. Hence the petitioner has filed a petition in WP(Crl.)MD No.5304 of 2026 and this Court by an order dated 22.09.2026 had directed the prison authorities to consider the representation of the petitioner within a period of two weeks but the same was not considered. He further submitted that discharge summary itself is self explanatory giving the ailments of the father and since he is the only son he has to be besides his father and also to make monetary arrangements
4. The learned Additional Public Prosecutor submitted that as per Rule 9 of Tamil Nadu Suspension of Sentence Rules, certificate for certain illness has to be produced, but in this case no such certificate has been produced. However he fairly submitted that from the discharge summary it is seen the father of the convict prisoner is suffering from __________
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WP Crl.(MD) No. 6127 of 2026 Acute Exacerbation of COPD/Coronary Artery Disease and took treatment as inpatient in Tirunelveli Medical College Hospital from 22.09.2026 to 24.09.2026.
4. It is seen that the father convict prisoner is suffering from Acute Exacerbation of COPD/Coronary Artery Disease confirming serious illness and further the convict prisoner is under incarceration for the past two years and he has not availed any leave so far, hence we are inclined to grant emergency leave to the convict prisoner.
5. In view of the above the impugned order passed by the third respondent dated 06.10.2026 is set aside the convict prisoner is granted 6 days emergency leave without escort with the following directions:
(i) The respondents are directed to grant 6 days emergency leave to the convict prisoner namely Vijaya Rama Murthy, S/o.Mari Alangaram, life convict, PID No.132798 confined at Central Prison, Palayamkottai without escort
(ii) During the said leave period, the convict prisoner shall report before the fourth respondent, daily at 5.00 p.m., without fail.
(iii) He shall report back to the third respondent, __________
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WP Crl.(MD) No. 6127 of 2026 on 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 Additional Chief Secretary Fort St' George Chennai-600009
2. The Director General of Prisons and Correctional Services Tamilnadu Prison Department Egmore, Chennai-600008
3. The Superintendent of Prisons Central Prsion-I Palayamkottai Tirunelveli District __________
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WP Crl.(MD) No. 6127 of 2026
4. The Inspector of Police Thaliyuthu Police Station Tirunelveli District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________
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WP Crl.(MD) No. 6127 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 6127 of 2026 10-11-2026 __________
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