Kumar v. The Deputy Inspector General of Prison,

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. 812/Vu.tha.2/2025 dated 07.01.2026 and direct the respondents 1 and 2 to grant 40 days ordinary leave without escort to the petitioner namely Kumar, son of Mani, CP No.4975, PID No.2675 now confined in Central Prison, Madurai.

¶2It is the case of the petitioner that he was convicted by the Principal District and Sessions Court, Virudhuangar at Srivilliputhur in S.C. No.190 of 2007 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, he has filed an appeal before this Court in Crl.A(MD) No.439 of 2010 and the same was dismissed by this Court on 03.08.2012. The petitioner submitted an application seeking ordinary leave for a period of 40 days. After considering the request made by the petitioner, the first respondent granted ordinary leave to the petitioner with escort. The petitioner being a poor person, could not afford the cost of escort.

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

07.01.2026 directing the petitioner to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner 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.

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

06.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

¶1The Deputy Inspector General of Prisons and Correctional Services O/o. The Deputy Inspector General of Prisons and Correctional Services Madurai Region Madurai

¶2The Superintendent of Prison Central Prison, Madurai

¶3The Superintendent of Police Virudhunagar District

¶4The Inspector of Police Rajapalayam South Police Station, Virudhunagar 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.619oofo2026

06.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Kumar ... Petitioner -vs- 1. The Deputy Inspector General of Prisons and Correctional Services O/o. The Deputy Inspector General of Prisons and Correctional Services Madurai Region Madurai 2. The Superintendent of Prison Central Prison, Madurai 3. The Superintendent of Police Virudhunagar District 4. The Inspector of Police Rajapalayam South Police Station, Virudhunagar 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 first respondent in No. 812/Vu.tha.2/2025 dated 07.01.2026 and quash the same and consequently direct the respondents 1 and 2 to grant 40 days ordinary leave without escort to the petitioner namely Kumar, son of Mani, CP No.4975, PID No.2675 now confined in Central Prison, Madurai. For Petitioner : Mr.S.Srikanth For Respondents : Mr.R. Meenakshi Sundaram Additional Public Prosecutor