Ilakiya v. The State of Tamilnadu

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.397/Tha.Ku.2/2026 dt.05.02.2026 and direct the respondents to release the petitioner's father namely Karthick(Life Convict Prisoner No.6328, PID No.18796) son of Ponmuthu aged about 43 years who is now confined at Central Prison, Madurai from the prison on the emergency leave for 06 days without escort by considering the representation dated

29.01.2026 in accordance with law.

¶2It is the case of the petitioner that his father was convicted by the learned IV Additional District and Sessions Judge, Madurai in S.C. No. 403 of 2010 and sentenced to undergo life imprisonment. Aggrieved over the same, the convict has also preferred an appeal before this Court in Crl.A(MD) No.324 of 2016 and the same was dismissed by this Court. The petitioner submitted an application seeking emergency leave for a period of 6 days. 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 for escorts.

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

05.02.2026 directing the convict to go on emergency leave with escort is modified and the convict 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. till the completion of leave period. 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

05.02.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

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

18.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai.

2.The Superintendent of Prison, Madurai Central Prison Madurai District

3.The Superintendent of Police Office of the Superintendent of Police Dindigul District

4.The Inspector Of Police Thadikombu Poilce Station, Dindigul 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.918oofo2026

18.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Ilakiya ... Petitioner -vs- 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai. 2.The Superintendent of Prison, Madurai Central Prison Madurai District 3.The Superintendent of Police Office of the Superintendent of Police Dindigul District 4.The Inspector Of Police Thadikombu Poilce Station, Dindigul 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 connected with the impugned order No.397/Tha.Ku.2/2026 dt.05.02.2026 issued by the Respondent No.2 and quash the same as illegal, consequently to direct the respondents to release the petitioner's father namely Karthick(Life Convict Prisoner No.6328, PID No.18796) son of Ponmuthu aged about 43 years who is now confined at Central Prison, Madurai from the prison on the emergency leave for 06 days without escort by considering the representation dated 29.01.2026 in accordance with law. For Petitioner : Mr.R.Prakash For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor