[Cites 2, Cited by 0]
Madras High Court
Athilakshmi vs The Deputy Inspector General Of Prisons on 19 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.955 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.955 of 2026
Athilakshmi ... Petitioner
-vs-
1.The Deputy Inspector General of Prisons
Madurai Range,Madurai.
2.The Superintendent
Central Prison,
Palayamkottai
3. The Superintendent of Police
Office of the Superintendent of Police
Thoothukudi
4.The Inspector Of Police
Eral Police Station
Tuticorin District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus directing the respondents to grant ordinary
leave for a period of 21 days without escort to the detenu Murugesan, @
Shamuga Sundaram, S/o.Gunasekarapandian, aged about 48 years, PID No.
409939 confined at Central prison, Palayamkottai.
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W.P.Crl.(MD) No.955 of 2026
For Petitioner : Mr.S. Manoharan
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
first respondent in No.84/Vu.tha.2/2025 dated 27.01.2026 and direct the
respondents to grant ordinary leave for a period of 21 days without escort to
the detenu Murugesan, @ Shamuga Sundaram, S/o.Gunasekarapandian, aged
about 48 years, PID No.409939 confined at Central prison, Palayamkottai.
2. It is the case of the petitioner that her husband was acquitted by
the learned Additional Sessions Judge, Fast Track Court No.I, Thoothukudi in
S.C. No.19 of 2009 on 01.09.2009. Aggrieved over the same the appellant/PW.
8 has preferred an appeal before this Court and this Court convicted her
husband and sentenced to undergo life imprisonment for the offence under
Section 302 of IPC. The petitioner being wife of the convict submitted an
application seeking ordinary leave for a period of 21 days. After considering the
request made by the petitioner, the first 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
27.01.2026 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 first respondent dated 27.01.2026 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 Deputy Inspector General of Prisons
Madurai Range,Madurai.
2.The Superintendent
Central Prison,
Palayamkottai
3. The Superintendent of Police
Office of the Superintendent of Police
Thoothukudi
4.The Inspector Of Police
Eral 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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