Ponnudurai 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 second respondent in No. 8746/Tha.ku.2/2025 dated 23.01.2026 and direct the second respondent to grant emergency leave without escort for the period of three days to the petitioner's brother namely Sundharave, S/o. Arjunan (PID No.119068) who is the life convict and languishing in Palayamkottai Central Prison.

¶2It is the case of the petitioner that his brother was convicted by the learned Principal District and Sessions Judge, Tirunelveli in S.C. No. 283 of 2004 on 27.07.2005 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.402 of 2005 and the same was dismissed by this Court on 10.04.2007. The petitioner submitted an application seeking emergency leave for three days for his brother. After considering the request made by the petitioner, the second respondent granted emergency leave to the convict 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

23.01.2026 directing the convict to go on emergency leave with escort is modified and he shall go on emergency 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 second respondent dated

23.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

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

10.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav 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 Palayamkottai Central Jail Tirunelveli District

¶3The Superintendent of Police Tirunelveli District

¶4The Inspector of Police Moolaikarupatti Police Station, Tirunelveli 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.701oofo2026

10.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Ponnudurai ... 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 Palayamkottai Central Jail Tirunelveli District 3. The Superintendent of Police Tirunelveli District 4. The Inspector of Police Moolaikarupatti Police Station, Tirunelveli District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating to the impugned order passed by the second respondent vide proceedings in NO. 8746/Tha.ku.2/2025 dated 23.01.2026 and quash the same as illegal and further direct the second respondent to grant emergency leave without escort for the period of three days to the petitioner's brother namely Sundharave, S/o. Arjunan (PID No.119068) who is the life convict and languishing in Palayamkottai Central Prison. For Petitioner : Mr.SMA Jinnah For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor