Velayutham 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 first respondent in No.3357/Tha.Ku.2/2026 dated 06.02.2026 and direct the respondents to grant emergency leave for 06 days without escort to the detenue Sundaralingam, @ Karuppusamy, S/o.Velayutham, aged about 43 years PID No. 9400 detained at Central Prison, Palayamkottai.

¶2It is the case of the petitioner that his son was convicted by the learned Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Thoothukudi in Spl.S.C. No.226 of 2013 on 15.05.2015 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC.. Aggrieved over the same, the convict has not preferred any appeal The petitioner submitted an application seeking emergency leave for 06 days . After considering the request made by the petitioner, the first respondent granted emergency leave to the convict with escort.. The petitioner being a poor person, he could not afford the cost for escorts.

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

06.02.2026 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 third 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 first respondent dated 06.02.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. Consequently connected miscellaneous petition stands closed.

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

20.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

1.The Superintendent of Prison Central Prison Palayamkottai

2.The Superintendent of Police Office of the Superintendent of Police Thoothukudi

¶3The Inspector of Police F-5, Kulasekarapatti Police Station, Thoothukud

¶4The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oR.POORNIMAoo,oJo. aav W.P.Crl.(MD)oNo.968oofo2026

20.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP(Crl.)MD No.250 of 2026 Velayutham ... Petitioner -vs- 1.The Superintendent of Prison Central Prison Palayamkottai 2.The Superintendent of Police Office of the Superintendent of Police Thoothukudi 3. The Inspector of Police F-5, Kulasekarapatti Police Station, Thoothukudi ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records pertaining tot he impugned order vide bearing No.3357/Tha.Ku.2/2026 dated 06.02.2026 passed by the respondents and quash the same and consequently direct the respondents to grant or emergency leave for06 days without escort to the detenue Sundaralingam, @ Karuppusamy, S/o.Velayutham, aged about 43 years PID No. 9400 detained at Central Prison, Palayamkottai. For Petitioner : Mr.S.Manoharan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor