Citation : 2026 Latest Caselaw 1274 Mad
Judgement Date : 13 March, 2026
W.P.CRl..(MD).No.1458 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P.Crl.(MD).No.1458 of 2026
Jeyalakshmi ...... Petitioner
Vs.
1.The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat, St.George Fort,
Chennai-9.
2.The Deputy Inspector General of Prisons,
Trichy Range, Trichy.
3.The Superintendent of Prison,
Central Prison, Trichy.
4.The Superintendent of Police,
Trichy District.
5.The State, represented by
The Inspector of Police,
Musiri Police Station,
Trichy. ...... Respondents
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W.P.CRl..(MD).No.1458 of 2026
Prayer : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to grant five days
emergency leave without escort to the Petitioner's son namely Sathyaraj
S/o. Annavi (PID No.500400) now confined under Central Prison, Trichy,
by considering the Petitioner's representation, dated 29.01.2026.
For Petitioner : Mr.K.Arunraj
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.]
This Writ Petition has been filed to issue a Writ of Mandamus,
directing the respondents to consider the representation made by the
petitioner on 29.01.2026, wherein the petitioner has sought grant of
emergency leave to her son, who is a life convict and presently serving
sentence at Central Prison, Trichy.
2. Heard Mr.K.Arunraj, learned counsel for the petitioner and
Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for the
respondents.
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3. The petitioner's husband and son underwent trial before the II
Additional District and Sessions Court, Tiruchirappalli in S.C.No.329 of
2018 and by judgment, dated 10.04.2023, both of them were convicted and
sentenced to life imprisonment. Aggrieved by the same, the petitioner's
husband alone filed an appeal in Crl.A.(MD) No.407 of 2023 before this
Court and the same is pending. The petitioner's son has not filed any
appeal till date.
4. The petitioner's son had undergone imprisonment for nearly 2
½ years. The petitioner submitted a representation before the third
respondent seeking grant of emergency leave on the ground that she is
suffering from an ailment and she wanted her son to be granted emergency
leave to make arrangements for her treatment. Since the representation was
not considered, the present Writ Petition came to be filed before this Court.
5. At the time of hearing, the learned Additional Public
Prosecutor produced the proceedings of the third respondent in No.
500400/Tha.Ku.4/2026, dated 03.03.2026. It is seen that the detenu has
been given six days emergency leave with Police escort.
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6. The learned counsel for the petitioner submitted that the
detenu has to take steps to arrange for medical treatment to his
mother/petitioner and hence requested this Court to modify the condition
imposed by the 3rd respondent to the effect that an escort will accompany
the detenu.
7. The learned Additional Public Prosecutor submitted that the
detenu is granted emergency leave for the first time and therefore the 3 rd
respondent thought it fit to impose such a condition.
8. Taking into consideration the facts and circumstances of the
case and considering the purpose for which the emergency leave has been
sought, we are inclined to modify the condition imposed by the 3rd
respondent.
9. Accordingly, instead of providing an escort, there shall be a
direction to the detenu to report before the Inspector of Police, Musiri
Police Station, Trichy, daily at 10.30 a.m. and 5.30 p.m. during the entire
period of emergency leave. Apart from that condition, the detenu is
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permitted to submit the sureties before the Superintendent of Prison,
Central Prison, Trichy, instead of executing the sureties before the
Tahsildar and two sureties shall be the family members of the detenu. The
other conditions imposed by the third respondent shall stand as it is.
10. This Writ Petition (Criminal) is disposed of with the above
directions. No costs.
[N.A.V., J.] & [P.D.B., J.]
13.03.2026
NCC : Yes / No
Index : Yes / No
Indu
To
1.The Secretary to Government,
Home Department (Prison),
Government of Tamil Nadu,
Secretariat, St.George Fort,
Chennai-9.
2.The Deputy Inspector General of Prisons, Trichy Range, Trichy.
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3.The Superintendent of Prison, Central Prison, Trichy.
4.The Superintendent of Police, Trichy District.
5.The Inspector of Police, Musiri Police Station, Trichy.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N.ANAND VENKATESH, J.
AND P.DHANABAL, J.
Indu
W.P.Crl.(MD).No.1458 of 2026
13.03.2026
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