Bhavani v. The Deputy Inspector Genera 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.244/Vutha.2/2025 dated 07.01.2026 and direct the respondents 1 and 2 to grant 21 ordinary leave without escort to the husband of the petitioner namely Pandirajan, S/o.Subbaiya, a convict prisoner(PID No. 407302)

¶2It is the case of the petitioner that her husband was convicted by the Special Court for Exclusive trial of cases under the Protection of Children from Sexual Offences Act, Virudhunagar District at Srivilliputhur in S.C. No.01 of 2017 on 12.03.2022 and sentenced to undergo ten years rigorous imprisonment for the offences under Sections 366 of IPC and Section 6 of POCSO Act. Aggrieved over the same, the convict has not filed an appeal. 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

07.01.2026 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 07.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. Consequently connected miscellaneous petition stands closed.

¶5It is made clear that the convict shall not disturb the victim or the family members of the victim. If any untoward incident happens the fourth respondent is directed to take appropriate action in accordance with law.

[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 Virudhunagar District

¶4The Inspector of Police Virudhunagar East Police Station Viruthunagar 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.437oofo2026

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.120 of 2026 Bhavani ... 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 Virudhunagar District 4. The Inspector of Police Virudhunagar East Police Station Viruthunagar 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.24/Vutha.2/2026 dated 07.01.2026 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 Pandirajan, S/o.Subbaiya, a convict prisoner(PID No.407302) For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor