[Cites 1, Cited by 0]
Madras High Court
Mahalakshmi vs The Home Secretary on 18 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.913 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.913 of 2026
and
WMP(Crl.)MD No.239 of 2026
Mahalakshmi ... Petitioner
-vs-
1.The Home Secretary
Home Department (Prison)
Secretariat,St. George Fort
Chennai - 9.
2.The Deputy Inspector General of Prisons
Madurai Region,Madurai.
3.The Superintendent of Prison
Central Prison,Palayamkottai
4.The Inspector Of Police
Ettayapuram Police Station
Thoothukudi District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus calling for the records relating to the
proceedings in No.3628/Tha.ku.2/2025 (LCT, PID No.29143) Manikandan,
S/o.Innasimuthu, issued by the third respondent dated 02.02.2026 quash the
same and consequently direct the third respondent to grant six days emergency
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W.P.Crl.(MD) No.913 of 2026
leave without escort to the petitioner's son Manikandan, S/o.Innasimuthu, PID
No.29143.
For Petitioner : Mr.P.M.Basil
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.3628/Tha.ku.2/2025 dated 02.02.2026 and direct the
direct the third respondent to grant six days emergency leave without escort to
the petitioner's son Manikandan, S/o.Innasimuthu, PID No.29143.
2. It is the case of the petitioner that her son was convicted by the
learned Sessions Judge, Fast Track Mahila Court, Thoothukudi in S.C. No.18 of
2014 on 02.03.2016 and sentenced to undergo life imprisonment. Aggrieved
over the same, the convict has also preferred an appeal before this Court in
Crl.A(MD) No.124 of 2016 and the same was dismissed by this Court. The
petitioner submitted an application seeking emergency leave for a period of 6
days. After considering the request made by the petitioner, the third respondent
granted emergency leave to the convict with escort.. The petitioner being a poor
person could not afford the cost for escorts.
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3. In view of the above, the condition imposed in the order dated
02.02.2026 directing the convict to go on emergency leave with escort is
modified and the convict shall go on emergency 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 fourth 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.
4. Accordingly, the order of the third respondent dated 02.02.2026
is quashed in sofar as the ordering escort alone and the Writ Petition is disposed
of. Consequently connected miscellaneous petition stands closed. Further if
the convict causes any disturbance to his wife the fourth respondent is directed
to take appropriate action.
[G.K.I., J.] [R.P., J.]
18.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
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To:
1.The Home Secretary
Home Department (Prison)
Secretariat,St. George Fort
Chennai - 9.
2.The Deputy Inspector General of Prisons
Madurai Region,Madurai.
3.The Superintendent of Prison
Central Prison,Palayamkottai
4.The Inspector Of Police
Ettayapuram Police Station
Thoothukudi District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
18.02.2026
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