Citation : 2026 Latest Caselaw 814 Mad
Judgement Date : 26 February, 2026
W.P.Crl.(MD) No.1147 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.1147 of 2026
J.Rani ... Petitioner
-vs-
1. The Superintendent of Prison
Central Prison,
Madurai
2. The Inspector of Police
Uthamalapalayam Police Station
Theni 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
impugned order passed by the first respondent vide his proceedings in No.
615/Tha.ku.2/2026 dated 24.02.2026 and quash the same as illegal and void
and consequently grant 15 days emergency leave without police escort to the
petitioner's husband Jayakumar, S/o.Churchill, PID No.120841 confined in
Central Prison, Madurai forthwith considering her representation dated
16.02.2026
For Petitioner : Mr.C. Karthikeyan
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
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W.P.Crl.(MD) No.1147 of 2026
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.615/Tha.ku.2/2026 dated 24.02.2026 and direct the first
respondent to grant 15 days emergency leave without police escort to the
petitioner's husband Jayakumar, S/o.Churchill, PID No.120841 confined in
Central Prison, Madurai forthwith considering her representation dated
16.02.2026
2. It is the case of the petitioner that her husband was convicted by
the Fast Track Sessions Mahila Court, Theni in S.C. No.72 of 2023 dated
10.01.2024. While being so, the petitioner being wife of the convict submitted
representation seeking 15 days emergency leave for her husband on the ground
that she fell ill, and she requires the assistance of her husband during
treatment, however it was rejected on the ground that the convict is facing trial
in another case in S.C.No.54 of 2024 on the file of the Sub Court,
Uthamapalayam.
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3. A perusal of the record and the submissions made by the learned
Additional Public Prosecutor reveals that the petitioner had applied for only
emergency leave. The convict who is facing trial in another case is not eligible
for ordinary leave. However he is eligible for emergency leave on valid
grounds. A perusal of record reveals that the petitioner fell ill and as such she
requires financial assistance.
4. Considering the illness suffered by the wife of the convict this
Court is inclined to grant six days emergency leave without escort to convict
5. Accordingly, the impugned order passed by the first respondent is
set aside and writ petition is disposed of with the following directions:
(i) The respondents are directed to grant six days
emergency leave without escort to the convict prisoner
namely, Jayakumar, S/o.Churchill, PID No.120841
confined in Central Prison, Madurai from 28.02.2026
to 05.03.2026. The convict prisoner shall be released
from the prison on 28.02.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
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Central Jail,Madurai / first respondent, by 05.03.2026
at 6.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) The convict shall report before the second respondent
daily at 5.30 pm., till the completion of leave period.
(v) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual.
[G.K.I., J.] [R.P., J.]
26.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 26.02.2026
To:
1. The Deputy Inspector General of Prisons and Correctional Services Trichy Range, Race Course Road Trichy- 620 023
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2. The Superintendent of Prison Central Prison, Trichy- 620 020
3. The Superintendent of Police O/o.The Superintendent of Police Karur District
4. The Inspector of Police Nangavaram Police Station, Karur 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
26.02.2026
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