Illayaperumal.S v. The Home Secretary

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the proceedings of the 3rd respondent made in No.4777/thaku.2/2026 (CP-PCO/305/2026-R2), dated 20.03.2026, wherein the 3rd respondent, while granting six days of emergency leave, has imposed the condition that the detenue will be accompanied by an escort.

¶2We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

¶3The petitioner's brother is a life convict, who is presently serving his sentence at Central Prison, Palayamkottai. The petitioner made a representation, dated 21.02.2026, seeking emergency leave on the ground that the convict's sister is suffering from medical complications and requires immediate physical and emotional support.

¶4The representation made by the petitioner was considered and the 3rd respondent, through proceedings, dated 20.03.2026, granted six days of emergency leave, but however, imposed the condition that the detenue will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

¶5The learned Additional Public Prosecutor, on instructions, submitted that the detenue has served the sentence for more than ten years and that on five earlier occasions, he was granted leave.

¶6Considering the purpose for which the emergency leave has been granted and taking note of the fact that the detenue has not violated any conditions when he was granted leave on earlier occasions and that no untoward incident had taken place, this Court is inclined to modify the condition imposed by the 3rd respondent in No.4777/thaku.2/2026 (CP-PCO/305/2026-R2), dated 20.03.2026, by directing the detenue to report before the 4th respondent Police daily at 6.00 PM during the entire period of emergency leave. Apart from that condition, the detenue is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Palayamkottai, instead of executing the sureties before the Tahsildar, and the two sureties shall be family members of the detenue.

¶7This Writ Petition (Criminal) is allowed with the above directions. Connected Miscellaneous Petition is closed. No costs.

[N.A.V., J.] & [K.K.R.K., J.]

09.04.2026 NCC : Yes / No Index : Yes / No Indu To

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai -600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625001.

3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4.The Inspector of Police, Thachanallur Police Station, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESH,oJ. AND K.K.RAMAKRISHNAN,oJ. Indu W.P.Crl.(MD).No.1920oofo2026

09.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.1920 of 2026 and W.M.P.Crl.(MD) No.477 of 2026 Illayaperumal.S ...... Petitioner Vs. 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai -600 009. 2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625001. 3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007. 4.The Inspector of Police, Thachanallur Police Station, Tirunelveli District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certirorarified Mandamus, calling for the records relating to the proceedings in No.4777/thaku.2/2026(CP-PCO/305/2026- R2) issued by the 3rd respondent, dated 20.03.2026 quash the same and consequently direct the third respondent to grant 6 days emergency leave without escort to the petitioner's brother Mayandi, S/o.Sudalai Muthu, PID No.21379, aged about 38 years, presently confined at Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor