[Cites 3, Cited by 0]
Madras High Court
Sudalaikannu vs The Deputy Inspector Of General Of ... on 27 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.1196 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.Crl.(MD) No.1196 of 2026
Sudalaikannu ... Petitioner
-vs-
1. The Deputy Inspector of General of Prisons
O/o. The Deputy Inspector General of Prison and
Correctional Services
Madurai Range, Madurai Central Prison Campus
New Jail Road, Madurai
2. The Superintendent of Prison
Central Prison, Madurai District
3. The Superintendent of Police
O/o. The Superintendent of Police
Tirunelveli
4. The Inspector of Police
Kadayam Police Station,
Tirunelveli District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus to call for the records pertaining to the
impugned order in NO.561//Tha.ku.2/2026 dated 19.02.2025 issued by the
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W.P.Crl.(MD) No.1196 of 2026
second respondent quash the same as illegal and further direct the respondents
1 and 2 to grant emergency leave for the period of 15 days to the petitioner's
brother who is convict prisoner namely Arumugam, S/o.Sudalaikannu,CP No.
1302 by considering the representation dated 02.02.2025.
For Petitioner : Mr.SMA.Jinnah
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.561//Tha.ku.2/2026 dated 19.02.2025 and direct the
respondents 1 and 2 to grant emergency leave for the period of 15 days to the
petitioner's brother who is convict prisoner namely Arumugam,
S/o.Sudalaikannu,CP No.1302 by considering the representation dated
02.02.2025.
2. It is the case of the petitioner that his brother was convicted in
S.C.No.676 of 2017 and sentenced to undergo ten years rigorous imprisonment
for the offence under Section 376 of IPC by the Mahila Court, Tirunelveli .
Aggrieved over the same, the convict has preferred an appeal before this Court
in Crl.A(MD) No.240 of 2022 and the same is pending adjudication. While
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being so, the convict's wife died on 02.02.2026 by committing suicide leaving
behind two children, therefore the brother of the convict submitted
representation seeking one day emergency leave to perform the last rites for his
deceased/wife and the same was also granted. Once again the petitioner
submitted representation seeking 15 days emergency leave to look after the two
children, however it was rejected on the ground that the convict is also facing
trial in five cases including two cases for the offence under Section 302 of IPC,
therefore the request of the petitioner was rightly rejected.
3. A perusal of the record reveals that the first child of the deceased
was studying X standard and another child is also studying, therefore the
convict has to arrange some funds for their educational purpose and also to
arrange some shelter for them, therefore this Court is inclined to grant five
days emergency leave to the convict with escort.
4. Accordingly, the impugned order passed by the second respondent
is set aside and writ petition is disposed of with the following directions:
(i) The respondents are directed to grant five days
emergency leave with escort to the convict prisoner
namely, Arumugam, S/o.Sudalaikannu,CP No.1302
from 02.03.2026 to 06.03.2026. The convict prisoner
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shall be released from the prison on 02.03.2026 at 6.00
am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail,Madurai / second respondent, by
06.03.2026 at 6.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual. Consequently connected miscellaneous
petition stands closed.
(v) The Commissioner of Police, Madurai is directed to
provide escort
(vi)The escort charges shall be borne by the petitioner and if
necessary, the same shall be adjusted from the income
earned by the convict prisoner during the imprisonment
period.
[G.K.I., J.] [N.S, J.]
27.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 27.02.2026
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To:
1. The Deputy Inspector of General of Prisons
O/o. The Deputy Inspector General of Prison and
Correctional Services
Madurai Range, Madurai Central Prison Campus
New Jail Road, Madurai
2. The Superintendent of Prison
Central Prison, Madurai District
3. The Superintendent of Police
O/o. The Superintendent of Police
Tirunelveli
4. The Inspector of Police
Kadayam Police Station,
Tirunelveli Districtt
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
N.SENTHILKUMAR, J.
aav
27.02.2026
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