Kolandaivel @ Kolandhairaj v. 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. No.69/Vu.tha.2/2026 dated 21.01.2026 and direct the first respondent to grant 28 days ordinary leave without escort to the petitioner

¶2It is the case of the petitioner that he was convicted by the Fast Track Mahila Court, Sivakasi in S.C. No.07 of 2016 and sentenced to undergo life imprisonment for the offence under Section 5(m)(h)r/w 6 of POCSO ACt. Aggrieved over the same, the petitioner has not filed any appeal so far. The petitioner submitted an application seeking ordinary leave for a period of 28 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 for escorts.

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

21.01.2026 directing the convict to go on ordinary leave with escort is modified and the convict 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 at 10.30 a.m., and 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. Further the convict shall not disturb the victim or her family members. If any disturbance caused by the convict the fourth respondent is directed to proceed in accordance with law.

¶4Accordingly, the order of the first respondent dated 21.01.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.

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

26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

¶1The Deputy Inspector General of Prisons O/o The Deputy Inspector General of Prisons and Correctional Services Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai

¶2The Superintendent of Prison Central Prison, Madurai

¶3The Superintendent of Police O/o.The Superintendent of Police Virudhunagar District

¶4The Inspector of Police East Police Station Sivakasi Virudhunagar 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.1110oofo2026

26.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Kolandaivel @ Kolandhairaj ... Petitioner -vs- 1. The Deputy Inspector General of Prisons O/o The Deputy Inspector General of Prisons and Correctional Services Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai 2. The Superintendent of Prison Central Prison, Madurai 3. The Superintendent of Police O/o.The Superintendent of Police Virudhunagar District 4. The Inspector of Police East Police Station Sivakasi 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 passed by the first respondent in No.69/Vu.tha.2/2026 dated 21.01.2026 and quash the same as bad in law and further direct the respondents 1 and 2 to grant ordinary leave without escort for the period of twenty eight days to the petitioner and he was a convict prisoner in a POCSO Case and languishing in Madurai Central Prison for the past ten years. For Petitioner : Dr.Lakshmi Prasanna Komara For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor