Mariyammal v. The Secretary to Government,

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.189/Vu.tha.2/2026 dated 20.02.2026 and direct the respondents 2 and 3 to grant 21 days ordinary leave without escort to the petitioner's husband namely Karuppasamy, S/o.Andi, CP No.6107.

¶2It is the case of the petitioner that her husband was convicted by the Fast Track Mahila Court, Ramanathapuram on 25.02.2022 and sentenced to undergo life imprisonment for the offence under Sections 450, 376(2)(m) of IPC.. Aggrieved over the same, the convict has preferred an appeal before this Court in Crl.A(MD) No.835 of 2022 and the conviction was modified to ten years. The petitioner 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, she could not afford the cost for escorts.

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

20.02.2026 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 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 second respondent dated 20.02.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. However it is made clear that the convict shall not cause any disturbance to the victim of her family members. If any complaint lodged by the victim the fourth respondent is directed to proceed in accordance with law.

[G.K.I., J.] [N.S, J.]

27.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav To:

1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu Secretariat St. George Fort Chennai - 9.

2.The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and correctional services Department New Jail Road,

3.The Superintendent of Prison Central Prison

4.The Inspector Of Police Bomban Police Station Ramanathapuram District

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court, oG.K.ILANTHIRAIYANoo,oJo. and oN.SENTHILKUMARoo,oJo. aav W.P.Crl.(MD)oNo.1234oofo2026`

27.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Mariyammal ... Petitioner -vs- 1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu Secretariat St. George Fort Chennai - 9. 2.The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and correctional services Department New Jail Road, 3.The Superintendent of Prison Central Prison 4.The Inspector Of Police Bomban Police Station Ramanathapuram 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 second respondent in No.189/Vu.tha.2/2026 dated 20.02.2026 quash the same and consequently direct the respondents 2 and 3 to grant 21 days ordinary leave without escort to the petitioner's husband namely Karuppasamy, S/o.Andi, CP No.6107. For Petitioner : Mr.A.Balaji For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor