M.Sujitha 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. 199/Tha.ku.2/ 2026 dated 20.01.2026 and direct the respondents 1 and 2 to grant 10 days emergency leave without police escort to the petitioner's husband namely Muniyasamy@ Chendu Muniyasamy, C.P.No. 6120 who is languishing in Madurai Central Prison.

¶2It is the case of the petitioner that her husband was convicted by the VI Additional Sessions Court, Madurai in S.C. No.361 of 2017 dated

22.03.2022 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has also filed an appeal before this Court in Crl.A(MD) No.832 of 2022 and the same was confirmed by this Court. The petitioner got conceived and she is seven months pregnant. While being so, the baby in the womb sustained some illness and as such the petitioner sought for emergency for her husband , however the same was rejected on the ground that the convict is facing trial in two cases.

¶3A perusal of the record reveals that the petitioner is now seven month pregnant and the child in the womb has some complications

¶4Considering the illness suffered by the wife of petitioner, this Court is inclined to grant six days emergency leave without escort to convict. In view of the same the order passed by the first respondent cannot be sustained and the same is liable to be set aside.

¶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 without escort to the convict prisoner namely, Muniyasamy@ Chendu Muniyasamy, C.P.No. 6120 who is languishing in Madurai Central Prison from 11.02.2026 to 16.02.2026. The convict prisoner shall be released from the prison on 11.02.2026 at 6.00 am.,

(ii) He shall report back to the Superintendent of Prison, Central Jail, Madurai/ second respondent, by

16.02.2026 at 6.00pm..,

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

(iv) During the leave period, the convict shall report before the fourth respondent daily at 5.30 pm., till the completion of leave period.

(v) 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 Note: Issue order copy on 10.02.2026 To:

¶1The Deputy Inspector General of Prisons O/o. The Deputy Inspector General of Prisons and Correctional Services Department Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

¶2The Superintendent of Prison Central Prison, Madurai

¶3The Superintendent of Police Madurai District

¶4The Inspector of Police Therkuvasal Police Station Madurai District

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oR.VIJAYAKUMARoo,oJo. aav W.P.Crl.(MD)oNo.672oofo2026

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.Sujitha ... Petitioner -vs- 1. The Deputy Inspector General of Prisons O/o. The Deputy Inspector General of Prisons and Correctional Services Department Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai. 2. The Superintendent of Prison Central Prison, Madurai 3. The Superintendent of Police Madurai District 4. The Inspector of Police Therkuvasal Police Station Madurai 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 passed by the first respondent in No.199/Tha.ku.2/ 2026 dated 20.01.2026 and quash the same as bad in law and in the nature of writ directing the respondents 1 and 2 to grant 10 days emergency leave without police escort to the petitioner's husband namely Muniyasamy@ Chendu Muniyasamy, C.P.No.6120 who is languishing in Madurai Central Prison. For Petitioner : Dr. Lakshmi Prasanna Komara For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor