[Cites 2, Cited by 0]
Madras High Court
Muthulakshmi vs The Secretary on 17 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.878 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.878 of 2026
Muthulakshmi ... Petitioner
-vs-
1. The Secretary
Home Department (Prison),
State of Tamil Nadu
Fort St.George,
Chennai.
2. The Superintendent of Prison
Trichy Central Jail
Trichirapalli
Trichy-20
3. The Inspector of Police
All Women Police Station
Aranthangi, Pudukottai District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the second respondent to grant ordinary leave for
20 days without escort to the prisoner namely Surendar, S/o.Subramaniyan,
convict PID No.408377 in light of proceedings dated 23.01.2026 in
RO.TRY/30/2026-C by considering the petitioner's representation dated
04.02.2026
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W.P.Crl.(MD) No.878 of 2026
For Petitioner :Mr.R.Paranjothi
for M/s.KBS Law Office
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
second respondent in No.RO.TRY/30/2026-C dated 25.01.2026 and direct the
second respondent to grant ordinary leave for 20 days without escort to the
prisoner namely Surendar, S/o.Subramaniyan, convict PID No.408377
2. It is the case of the petitioner that her husband was convicted by
the Mahila Court, Pudukottai in S.C.No.85 of 2019 and sentenced to undergo
ten years rigorous imprisonment for the offence under Section 376(1) of IPC.
Aggrieved over the same, the convict has filed an appeal before this Court in
Crl.A(MD) No.286 of 2022 and the same is pending. The petitioner submitted
an application seeking ordinary leave for a period of 20 days. After considering
the request made by the petitioner, the second respondent granted ordinary
leave to the convict with escort. The petitioner being a poor person, could not
afford the cost of escort.
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3. In view of the above, the condition imposed in the order dated
25.01.2026 directing the convict to go on ordinary leave with escort is modified
and the convict shall go on ordinary leave without escort. However, the convict
is directed to comply with the usual conditions imposed by the jail authorities
and he should also report before the third respondent police daily at 05.30 p.m.
till the completion of leave period. He shall duly comply with the conditions
and return to the prison on expiry of the leave period. If any complaint from the
victim or the family of the victim as against the convict during the leave period
, the third respondent is directed to take appropriate action.
4. Accordingly, the order of the first respondent dated 25.01.2026
is quashed in sofar as the ordering escort alone and the Writ Petition is disposed
of.
[G.K.I., J.] [R.P., J.]
17.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
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To:
1. The Secretary
Home Department (Prison),
State of Tamil Nadu
Fort St.George,
Chennai.
2. The Superintendent of Prison
Trichy Central Jail
Trichirapalli
Trichy-20
3. The Inspector of Police
All Women Police Station
Aranthangi, Pudukottai District
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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