Subbuthai v. The Home Secretary,

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.57/Utha.2/2026(RO-MDU)57/2026-G2) dated

14.01.2026 and direct the third respondent to grant 21 days ordinary leave without escort to the petitioner's husband Kalirajam @ Kali. S/o.Amachiyar, bearing PID No.482719 who is currently lodged at Central Prison, Palayamkottai.

¶2It is the case of the petitioner that her husband was convicted by the learned Principal Special Judge for SC/ST Act Cases, Thoothukudi in S.C. No.25 of 2020 on 25.01.2023 and sentenced to undergo seven rigorous imprisonment for the offence under Section 307 of IPC. The petitioner being wife of the convict submitted an application seeking ordinary leave for a period of 21 days. After considering the request made by the petitioner, the second respondent granted ordinary 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

14.01..2026 directing the convict to go on ordinary leave with escort is modified and he shall go on ordinary 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

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 14.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

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

19.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

1.The Home Secretary Home Department (Prison) Secretariat,St. George Fort Chennai - 9.

2.The Deputy Inspector General of Prisons Madurai Region,Madurai.

3.The Superintendent of Prison Central Prison,Palayamkottai

4.The Inspector Of Police Sathankulam Police Station Tuticorin 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.946oofo2026

19.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Subbuthai ... Petitioner -vs- 1.The Home Secretary Home Department (Prison) Secretariat,St. George Fort Chennai - 9. 2.The Deputy Inspector General of Prisons Madurai Region,Madurai. 3.The Superintendent of Prison Central Prison,Palayamkottai 4.The Inspector Of Police Sathankulam Police Station Tuticorin 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 proceedings in No.57/Utha.2/2026(RO-MDU)57/2026-G2) dated 14.01.2026 issued by the second respondent quash the same and consequently direct the third respondent to grant 21 days ordinary leave without escort to the petitioner's husband Kalirajam @ Kali. S/o.Amachiyar, bearing PID No. 482719 who is currently lodged at Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor