[Cites 2, Cited by 0]
Madras High Court
M.Bhanumathi vs The Deputy Inspector General Of Prison on 17 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.868 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.868 of 2026
M.Bhanumathi ... Petitioner
-vs-
1.The Deputy Inspector General of Prison,
O/o.The Deputy Inspector General of Prison,
and Correctional Services,
Madurai Range, Madurai Central Prison Campus,
New Jail Road,
Madurai.
2.The Superintendent of Prison,
Central Jail, New Jail Road,
Madurai District.
3.The Commissioner of Police
O/o. The Commissioner of Police
Madurai ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus directing the third respondent to call for the
records pertaining to the impugned order in No.449/Tha.ku.2/2026 dated
09.02.2026 quash the same as bad in law and further direct the respondents to
grant emergency leave for a period of 10 days without escort to the petitioner's
son namely Praveen Raj (CP No.1279) now confined at Central Prison,
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W.P.Crl.(MD) No.868 of 2026
Madurai to perform the final rites and subsequent ceremonies of his deceased
father who expired on 19.01.2026 by considering the petitioner's
representation dated 06.02.2026
For Petitioner : Mr.J.Peer Mohammed
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
The prayer in the petition is to quash the impugned order passed by the
third respondent in No.449/Tha.ku.2/2026 dated 09.02.2026 and direct the
respondents to grant emergency leave for a period of 10 days without escort to
the petitioner's son namely Praveen Raj (CP No.1279) now confined at Central
Prison, Madurai to perform the final rites and subsequent ceremonies of his
deceased father who expired on 19.01.2026 by considering the petitioner's
representation dated 06.02.2026
2. It is the case of the petitioner that her son was convicted by the
II Additional Special Court for NDPS Act Cases, Madurai in C.C. No.15 of
2021 on 01.08.2022 and sentenced to undergo ten years rigorous
imprisonment for the offence under NDPS Act. Aggrieved over the same, the
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convict has also filed an appeal before this Court in Crl.A(MD) No.950 of
2023 and the same was dismissed by this Court on 26.08.2025. While being
so, the husband of the petitioner died on 19.01.2026, therefore the petitioner
being mother of the convict submitted representation seeking 10 days
emergency leave for her son to perform 30th day death ceremony for his father.
However it was rejected on the ground that her son was convicted under NDPS
Act and as such he is not eligible for any leave.
3.Considering the reasons sated in the representation that the
convict has to perform 30th day death ceremony of his father, this Court is
inclined to grant three days emergency leave with singe escort to the son of the
petitioner..
4. Accordingly, the impugned order passed by the third respondent
is set aside and writ petition is disposed of with the following directions:
(i) The respondents are directed to grant three days
emergency leave with single escort to the convict
prisoner namely, Praveen Raj (CP No.1279) now
confined at Central Prison, Madurai from 18.02.2026
to 20.02.2026. The convict prisoner shall be released
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from the prison on 18.02.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail, Madurai / second respondent, by
21.02.2026 at 5.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual.
(v) The escort charges shall be borne by the petitioner and
if necessary, the same shall be adjusted from the
income earned by the convict prisoner during the
imprisonment period.
[G.K.I., J.] [R.P., J.]
17.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 17.02.2026
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To:
1.The Deputy Inspector General of Prison,
O/o.The Deputy Inspector General of Prison,
and Correctional Services,
Madurai Range, Madurai Central Prison Campus,
New Jail Road,
Madurai.
2.The Superintendent of Prison,
Central Jail, New Jail Road,
Madurai District.
3.The Commissioner of Police
O/o. The Commissioner of Police
Madurai
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
17.02.2026
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