Thiruvan v. The Deputy Inspector General of Prison

O R D E R [Order of the Court was made by G.K.ILANTHIRAIYAN, J.] This writ petition has been filed challenging the order passed by the first respondent, dated 28.11.2025, thereby, granted 21 days ordinary leave with escort.

¶2The petitioner is convicted for the offence punishable under Sections 5(m) r/w 6 of POCSO Act, 2012 (2 counts) and sentenced him to undergo 20 years rigorous imprisonment in S.C.No.41 of 2020, on the file of the Sessiosn Court, Special Court for POCSO Act Cases, Virudhunagar at Srivilliputhur. The convict is languishing in imprisonment for more than 3 ½ years. While being so, the petitioner has submitted a representation seeking 21 days ordinary leave, without escort. After considering the request made by the petitioner, the first respondent granted ordinary leave to the petitioner with escort. The petitioner is facing financial problems and hence, he could not afford cost for the escorts.

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

28.11.2025 directing the petitioner to go on ordinary leave with escort is modified and he shall go on ordinary leave without escort. However, the petitioner is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the Inspector of Police, Vathirairuppu Police Station, Virudhunagar District daily evening at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period. It is made clear that the convict / petitioner shall not visit the place of the victim and shall not cause any disturbance to the victim and her family members. If any complaint lodged by the victim or her family members as against the convict, the fourth respondent police is at liberty to take appropriate action as against the convict, in accordance with law.

¶4Accordingly, the order of the third respondent dated 28.11.2025 is quashed in sofar as ordering escort alone and the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.

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

25.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

am To:

1.The Deputy Inspector General of Prison, Madurai Region, Madurai.

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

3.The Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar District.

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. oG.K.ILANTHIRAIYANoo,oJo. and ooR.oPOORNIMAoo,oJo. am W.P.Crl.(MD)oNo.1044oofo2026

25.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA and W.M.P.Crl(MD)No.274 of 2026 Thiruvan ... Petitioner -vs- 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services Department, Madurai Region, Madurai. 2.The Superintendent of Prison, Central Prison, Madurai. 3.The Superintendent of Police, Virudhunagar District. 4.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the order passed by the first respondent in No.1195/c.j.2/2025 dated 28.11.2025 and quash the same and consequently directing the first and second respondents to grant 21 days ordinary leave without escort to the petitioner namely Thiruvan, S/o.Mookan (C.P.No.1313, PID No.240289) now confined under Central Prison, Madurai. For Petitioner : Mr.S.Srikanth For R1 to R4 : Mr.T.Senthil Kumar Additional Public Prosecutor