Citation : 2026 Latest Caselaw 1531 Mad
Judgement Date : 24 March, 2026
W.P.CRl..(MD).No.1588 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN
W.P.Crl.(MD).No.1588 of 2026
M.Jothi ....... Petitioner / Wife of the Life Convict
Vs.
1.The Deputy Inspector General of Prisons and
Correctional Services,
Trichy Range,
Race Course Road,
Trichy - 620 023.
2.The Superintendent of Prison,
Central Prison,
Trichy - 620 020.
3.The Superintendent of Police,
O/o. the Superintendent of Police,
Trichy District.
4.The Inspector of Police,
Ramji Nagar Police Station,
Trichy District. ...... Respondents
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W.P.CRl..(MD).No.1588 of 2026
Prayer : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for records relating to
the impugned order passed by the first respondent vide proceedings in No.
RO.TRY/606/2025-CA dated 01.02.2026 and quash the same as illegal
and consequently direct the first respondent to grant same as illegal and
consequently direct the first respondent to grant 28 days ordinary leave
without police escort to the petitioner's husband, namely, Manoharan @
Tea Kadai Manoharan s/o. Narayanan, aged about 60 years, Life Convict
Prisoner, PID No.143294 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu
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 challenging the proceedings of the
first respondent made in No.RO.TRY/606/2025-CA dated 01.02.2026 and
for a direction to the first respondent to grant 28 days ordinary leave
without escort.
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2. Heard the learned counsel on either side.
3. The case of the petitioner is that her husband is a life convict who
is presently undergoing sentence at Central Prison, Trichy. The petitioner
submitted a representation seeking for ordinary leave to the detenu on the
ground that his mother requires medical treatment and the college fees has
to be paid to her daughter and hence, the detenu has to make some
financial arrangements. The representation made by the petitioner was
considered and the first respondent through the proceedings dated
01.02.2026 granted 28 days ordinary leave, but, however, imposed a
condition that the detenu will be accompanied by an escort. This condition
imposed by the first respondent has been put to challenge in the present
writ petition.
4. The learned Additional Public Prosecutor appearing for the
respondents on instructions, submitted that the detenu was granted
ordinary leave once without escort.
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5. The learned counsel appearing for the petitioner submitted that
emergency leave has been granted to the detenu at least on 15 occasions
apart from granting ordinary leave once. Therefore, considering the
reasons for which the ordinary leave has been sought for, the condition
imposed by the first respondent may be modified.
6. In the considered view of this Court, taking note of the fact that
the detenu was granted emergency leave as well ordinary leave earlier and
conditions were complied with and no untoward incident took place, we
are inclined to modify the condition imposed by the first respondent.
7. In view of the above, the 28 days ordinary leave shall be granted
without escort subject to the condition that the detenu shall report before
the Inspector of Police, Jiyapuram Police Station, Trichy daily at 06.00
p.m., during the entire ordinary leave period. Apart from that condition,
the detenu is permitted to execute the sureties before the Superintendent of
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 first respondent shall stand as it is.
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8. This Writ Petition (Criminal) is disposed of in the above terms.
[N.A.V., J.] & [K.K.R.K., J.]
24.03.2026
NCC : Yes / No
Index : Yes / No
TSG
Copy to
1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.
2.The Superintendent of Prison, Central Prison, Trichy - 620 020.
3.The Superintendent of Police, O/o. the Superintendent of Police, Trichy District.
4.The Inspector of Police, Ramji Nagar Police Station, Trichy District.
5.The Inspector of Police, Jiyapuram Police Station, Trichy.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N.ANAND VENKATESH , J.
AND K.K.RAMKRISHNAN, J.
TSG
W.P.Crl.(MD).No.1588 of 2026
24.03.2026
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