[Cites 2, Cited by 0]
Madras High Court
Muthupandi vs The Home Secretary on 24 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.1014 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.1014 of 2026
and
WMP(Crl.)MD No.267 of 2026
Muthupandi ... Petitioner
-vs-
1.The Home Secretary,
Home Department (Prison)
Government of Tamil Nadu
Secretariat
St. George Fort
Chennai - 9.
2.The Deputy Inspector General of Prison
Madurai Range,
Madurai.
3.The Superintendent of Prison
Central Prison
Palayamkottai
4.The Inspector Of Police
Puliyarai Police Station
Tenkasi District ..Respondents
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W.P.Crl.(MD) No.1014 of 2026
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.144/Utha.2/2025 dated 10.02.2026 issued by the second
respondent quash the same and consequently direct the third respondent to
grant 21 days ordinary leave without escort to the petitioner's husband
Karuppasamy, S/o.Velu bearing PID No.126462 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.144/Utha.2/2025 dated 10.02.2026 and direct the third
respondent to grant 21 days ordinary leave without escort to the petitioner's
husband Karuppasamy, S/o.Velu bearing PID No.126462 who is currently
lodged at Central Prison, Palayamkottai.
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2. It is the case of the petitioner that her husband was convicted by
the Special Court for POCSO Act Cases, Tirunelveli in S.C. No.06 of 2020 on
28.02.2023 and sentenced to undergo ten years rigorous imprisonment .
Aggrieved over the same, her husband has not filed any appeal so far. The
petitioner submitted an application seeking ordinary leave for a period 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, she could not afford the cost for escorts.
3. In view of the above, the condition imposed in the order dated
10.02.2026 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 fourth respondent police daily at 10.30
am., and 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.
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4. Accordingly, the order of the second respondent dated
10.02.2026 is quashed in sofar as the ordering escort alone and the Writ
Petition is disposed of. Consequently connected miscellaneous petition stands
closed. Further the convict shall not cause any disturbance to the victim or her
family members. If any complaint lodge by the victim the fourth respondent is
directed to proceed in accordance with law.
[G.K.I., J.] [R.P., J.]
24.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
To:
1.The Home Secretary,
Home Department (Prison)
Government of Tamil Nadu
Secretariat
St. George Fort
Chennai - 9.
2.The Deputy Inspector General of Prison
Madurai Range,
Madurai.
3.The Superintendent of Prison
Central Prison
Palayamkottai
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4.The Inspector Of Police
Puliyarai Police Station
Tenkasi 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
24.02.2026
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