Hemalatha v. The Deputy Inspector General of Prisons

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 first respondent in No.574/Vutha.2/2025 dated 08.01.2026 and direct the respondents 1 and 2 to grant 21 ordinary leave without escort to the husband of the petitioner namely Madhav Magesh, son of Gopal, life convict prisoner(PID No.471426)

¶2It is the case of the petitioner that her husband was convicted by the learned Principal Sessions Judge, Ramanathapuram in S.C. No.120 of 2018 on 08.12.2022 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has filed an appeal before this Court in Crl.A(MD) No.56 of 2023 and the same is pending. The petitioner submitted an application seeking ordinary leave for a period of 21 days to her husband. After considering the request made by the petitioner, the first respondent granted ordinary leave to the convict with escort.. The petitioner being a poor person, he could not afford the cost for escorts.

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

08.01.2026 directing the convict to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fourth respondent police daily 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 first respondent dated 08.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. Consequently connected miscellaneous petition stands closed.

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

28.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

¶1The Deputy Inspector General of Prisons and Correctional Services Department Madurai Range, Madurai

¶2The Superintendent of Prison Central Prison, Madurai

¶3The Superintendent of Police Ramanathapuram District

¶4The Inspector of Police Kenikarai Police Station Ramanathapuram District

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oR.POORNIMAoo,oJo. aav W.P.Crl.(MD)oNo.415oofo2026

28.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.01.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl.(MD)No.113 of 2026 Hemalatha ... Petitioner -vs- 1. The Deputy Inspector General of Prisons and Correctional Services Department Madurai Range, Madurai 2. The Superintendent of Prison Central Prison, Madurai 3. The Superintendent of Police Ramanathapuram District 4. The Inspector of Police Kenikarai Police Station Ramanathapuram District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records of the order passed by the first respondent in No.574/Vutha.2/2025 dated 08.01.2026 and quash the same and consequently direct the respondents 1 and 2 to grant 21 ordinary leave without escort to the husband of the petitioner namely Madhav Magesh, son of Gopal, life c onvict prisoner(PID No.471426) For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor