Saravanasundari.P v. The Home Secretary

O R D E R [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 third respondent vide proceedings in No.4872/Thaku.2/2025 (Lct.No.4872 Patchaiperumal2025ELNo.1) dated 27.11.2025 and direct the third respondent to grant 6 days emergency leave without escort to petitioner's husband, namely Pachaiperumal @ Pachaikutty, S/o.Gunasekera Pandian, Convict No.4872, PID No.409941 now confined at Central Prison, Palayamkottai, forthwith.

¶2It is the case of the petitioner that the petitioner's husband was acquitted by the learned Additional Sessions Judge, Fast Track No.1, Thoothukudi in S.C.No.19 of 2009, for the offences punishable under Sections 120-B, 148, 341, 302 r/w 34 IPC and 506(ii) IPC. Aggrieved by the same, the defacto complainant has filed an appeal before this Court in Crl.A(MD)No.274 of 2018 and this Court convicted the petitioner's husband and sentenced to under Life Imprisonment and the same also confirmed by the Hon'ble Supreme Court of India. The convict is eligible for emergency leave for 6 days as per the prison rules. The petitioner submitted an application seeking emergency leave to her husband for a period of 6 days. After considering the request made by the petitioner, the third respondent granted emergency leave to the petitioner's husband with escort. The petitioner is facing financial problems and hence, she could not afford cost for the escorts.

¶3In view of the above, the condition imposed in the order dated

27.11.2025 directing the petitioner's husband to go on emergency leave with escort is modified and he shall go on emergency leave without escort. However, the petitioner's husband is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, Erel Police Station daily evening at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period.

¶4Accordingly, the order of the third respondent dated 27.11.2025 is quashed in sofar as ordering escort alone and the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.

[G.K.I., J.] [R.P., J.]

21/01/2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

am To:

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007.

4.The Inspector of Police, Erel Police Station, Thoothukudi District.

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. G.K.ILANTHIRAIYAN

, J.

and ooR.oPOORNIMAoo,oJo. am W.P.Crl.(MD)oNo.262oofo2026 21/01/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21/01/2026 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA and W.M.P(MD)No.93 of 2026 P.Saravanasundari ... Petitioner -vs- 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009. 2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007. 4.The Inspector of Police, Erel Police Station, Thoothukudi 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 proceedings in No.4872/Thaku.2/2025 (Lct.No.4872 Patchaiperumal2025ELNo. 1) dated 27.11.2025 and quash the same and direct the third respondent to grant 6 days emergency leave without escort to the petitioner's husband, Pachaiperumal @ Pachaikutty, S/o.Gunasekera Pandian, Convict No.4872, PID No.409941, presently confined in Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For R1 to R4 : Mr.T.Senthil Kumar Additional Public Prosecutor