[Cites 2, Cited by 0]
Madras High Court
Subbuthai vs The Home Secretary on 19 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.946 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.946 of 2026
Subbuthai ... 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
Sathankulam Police Station
Tuticorin 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.57/Utha.2/2026(RO-MDU)57/2026-G2) dated 14.01.2026
issued by the second respondent quash the same and consequently direct the
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W.P.Crl.(MD) No.946 of 2026
third respondent to grant 21 days ordinary leave without escort to the
petitioner's husband Kalirajam @ Kali. S/o.Amachiyar, bearing PID No.
482719 who is currently lodged at Central Prison, Palayamkottai.
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
second respondent in No.57/Utha.2/2026(RO-MDU)57/2026-G2) dated
14.01.2026 and direct the third respondent to grant 21 days ordinary leave
without escort to the petitioner's husband Kalirajam @ Kali. S/o.Amachiyar,
bearing PID No.482719 who is currently lodged at Central Prison,
Palayamkottai.
2. It is the case of the petitioner that her husband was convicted by
the learned Principal Special Judge for SC/ST Act Cases, Thoothukudi in S.C.
No.25 of 2020 on 25.01.2023 and sentenced to undergo seven rigorous
imprisonment for the offence under Section 307 of IPC. The petitioner being
wife of the convict submitted an application seeking ordinary leave for a period
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of 21 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.
3. In view of the above, the condition imposed in the order dated
14.01..2026 directing the convict to go on ordinary leave with escort is
modified and he 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 fourth respondent police daily
05.30 p.m. He shall duly comply with the conditions and return to the prison
on expiry of the leave period.
4. Accordingly, the order of the second respondent dated 14.01.2026 is
quashed in sofar as the ordering escort alone and the Writ Petition is disposed
of.
[G.K.I., J.] [R.P., J.]
19.02.2026
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
Sathankulam Police Station
Tuticorin 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
19.02.2026
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