Madras High Court
WP Crl.(MD)/6133/2026 of Jack Thomas Vs The State of Tamilnadu on 11 November 2026
WP Crl.(MD) No. 6133 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 6133 of 2026
CNR:{HCMD011583602026}
Jack Thomas
S/o, Jeyadhas,
No.3/123/Pandrathoppu,
Vetturnimadam Post,
Kanyakumari District.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by its Superintendent of Prison,
Officer of the Superintendent of Central Prison, Tirunelveli.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Kanyakumari District.
3. The Inspector of Police,
Kottikudu Police Station,
Kanyakuamari District.
..Respondent(s)
PRAYER: To issue a Writ of Certiorarified Mandamus, calling for the records in connection with the impugned order No.4111/ThaKu.2/2026, dated 16.10.2026 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to grant 6 days emergency leave without escort to the petitioner namely Jack Thomas, S/o. Jeyadhas convict prisoner(PID No.70835) aged about 38 years now confined in Central Prison, Palayamkottai.
WP Crl.(MD) No. 6133 of 2026
For Petitioner(s)
:M/s Karnan K
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 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 he was convicted by the trial Court in SC No.86 of 2011 and sentenced to undergo life imprisonment. Since the presence of the convict petitioner is required to attend the illness of his father 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 able to provide food and accommodation to the police escort, and therefore, prays to modify the condition “with escort” as “without escort”.
3. Heard the learned Additional Public Prosecutor appearing for the respondents.
WP Crl.(MD) No. 6133 of 2026
4. Taking into consideration the facts and circumstances of the case on hand that the presence of the convict prisoner is required to attend the medical illness of his father , we are inclined to direct the respondents to grant leave without police escort.
5. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant six days emergency leave to the convict prisoner namely Jack Thomas, S/o. Jeyadhas convict prisoner(PID No.70835) aged about 38 years now confined in Central Prison, Palayamkottai. without escort
(ii) During the said leave period, the convict prisoner shall report before the third respondent, daily at 5.30 p.m., without fail.
(iii) He shall report back to the first respondent, 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
WP Crl.(MD) No. 6133 of 2026 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
(viii) No costs. (M.N.K.,J.) (N.G.N.,J.) 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV
To
1. The Superintendent of Prison Office of the Superintendent of Central Prison Tirunelveli
2. The Superintendent of Police Office of the Superintendent of Police Kanyakumari District
3. The Inspector of Police Kottikudu Police Station Kanyakuamari District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 6133 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 6133 of 2026 11-11-2026