Athilakshmi v. The State of Tamilnadu, Rep by 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.84/Vu.tha.2/2025 dated 27.01.2026 and direct the respondents to grant ordinary leave for a period of 21 days without escort to the detenu Murugesan, @ Shamuga Sundaram, S/o.Gunasekarapandian, aged about 48 years, PID No.409939 confined at Central prison, Palayamkottai.

¶2It is the case of the petitioner that her husband was acquitted by the learned Additional Sessions Judge, Fast Track Court No.I, Thoothukudi in S.C. No.19 of 2009 on 01.09.2009. Aggrieved over the same the appellant/PW. 8 has preferred an appeal before this Court and this Court convicted her husband and sentenced to undergo life imprisonment for the offence under Section 302 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 first 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

27.01.2026 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 first respondent dated 27.01.2026 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 Deputy Inspector General of Prisons Madurai Range,Madurai.

2.The Superintendent Central Prison, Palayamkottai

¶3The Superintendent of Police Office of the Superintendent of Police Thoothukudi

4.The Inspector Of Police Eral 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.955oofo2026

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 Athilakshmi ... Petitioner -vs- 1.The Deputy Inspector General of Prisons Madurai Range,Madurai. 2.The Superintendent Central Prison, Palayamkottai 3. The Superintendent of Police Office of the Superintendent of Police Thoothukudi 4.The Inspector Of Police Eral Police Station Tuticorin District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus directing the respondents to grant ordinary leave for a period of 21 days without escort to the detenu Murugesan, @ Shamuga Sundaram, S/o.Gunasekarapandian, aged about 48 years, PID No. 409939 confined at Central prison, Palayamkottai. For Petitioner : Mr.S. Manoharan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor