M.Shyamala v. The Superintendent 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. 189336/tha.ku.4/2026 dated 28.01.2026 and direct the first respondent to grant six days emergency leave without police escort to the petitioner's son namely Praveenkumar, S/o.Manickam, aged about 28 years, Life Convict PID No.189336 confined at Central Prison, Trichy

¶2It is the case of the petitioner that her son was convicted by the learned Sessions Judge, Karur in S.C. No.74 of 2019 dated 25.04.2022 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC(2 counts). Aggrieved over the same, the convict has also filed an appeal before this Court in Crl.A(MD) No.540 of 2022 and the same was confirmed by this Court on 30.01.2025. While being so, the petitioner submitted representation seeking six days emergency leave for her son on the ground that her husband fell ill and no one is there to look after her husband. However it was rejected on the ground that on the date of inspection by the Probation Officer, ill person was not there.

¶3The learned counsel appearing for the petitioner submitted that the husband of the petitioner was taken to hospital for check up on that day hence the Probation Officer has submitted adverse remarks, however the convict is entitled for emergency leave since he has completed three yeas of imprisonment. In view of the same the order passed by the first respondent cannot be sustained and the same is liable to be set aside.

¶4Considering the illness suffered by the husband of petitioner, this Court is inclined to grant six days emergency leave to the convict without escort.

¶5Accordingly, the impugned order passed by the first respondent is set aside and writ petition is disposed of with the following directions:

(i) The respondents are directed to grant six days emergency leave to the convict prisoner namely, Praveenkumar, S/o.Manickam, aged about 28 years, Life Convict PID No.189336 confined at Central Prison, Trichy

(ii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities,

(iii) During the leave period the convict prisoner shall report before the third respondent police daily at 5.30 pm., without fail.

(iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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

09.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

¶1The Superintendent of Prison Central Prison, Trichy-620 020

¶2The Superintendent of Police O/o.The Superintendent of Police Karur District

¶3The Inspector of Police Nangavaram Police Station, Karur District

¶4The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oR.VIJAYAKUMARoo,oJo. aav W.P.Crl.(MD)oNo.647oofo2026

09.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Shyamala ... Petitioner -vs- 1. The Superintendent of Prison Central Prison, Trichy- 620 020 2. The Superintendent of Police O/o.The Superintendent of Police Karur District 3. The Inspector of Police Nangavaram Police Station, Karur District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus to call for the records relating to the impugned order passed by the first respondent vide proceedings in No. 189336/tha.ku.4/2026 dated 28.01.2026 and quash the same as illegal and consequently direct the first respondent to grant six days emergency leave without police escort to the petitioner's son namely Praveenkumar, S/o.Manickam, aged about 28 years, Life Convict PID No.189336 confined at Central Prison, Trichy For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor