Umagandhi v. The Superintendent of Prison

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 first respondent made in No.3408/Thaku.4/2025, dated 31.03.2026 and for a consequential direction to the respondents to grant six days emergency leave without escort to the convict, who is presently serving sentence at Central Prison, Trichy.

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

¶3The petitioner's husband was convicted for offences under Sections 120(b), 471, and 420 r/w 511 of IPC and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo one year of simple imprisonment. Aggrieved by the same, an appeal was filed, in which, the judgment of the Trial Court was confirmed. A revision was filed before this Court in Crl.R.C.(MD) No.840 of 2023 and this Court, while confirming the conviction, modified the sentence.

¶4The petitioner submitted a representation seeking emergency leave for her husband on the ground that her health condition is critical and the same has been rejected by the first respondent through the impugned proceedings dated 31.03.2026 on the ground that there is a pending case against the convict in C.C.No.28 of 2013 before the learned Judicial Magistrate VI, Trichy.

¶5The learned Additional Public Prosecutor, on instructions, submitted that even on earlier occasions, ordinary leave and emergency leave were granted to the convict and the representation was rejected on the ground that there is a pending case.

¶6Taking into consideration the facts and circumstances of the case, the submissions made on either side and the reason for which, the emergency leave has been sought for, this Court is inclined to interfere with the impugned proceedings of the first respondent, dated 31.03.2026, and the same is hereby set aside. There shall be a direction to the first respondent to grant six (6) days emergency leave to the convict, subject to the condition that he shall report before the second respondent daily at

6.00 p.m. during the entire period of emergency leave. Apart from this condition, the detenue is permitted to submit sureties before the first respondent and two of the sureties shall be family members of the detenue.

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

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

17.04.2026 NCC : Yes / No Index : Yes / No Indu To

1.The Superintendent of Prison, Central Prison, Trichy - 620 020.

2.The Inspector of Police, Edamalaipattipudur Police Station, Trichy City.

3.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.2179oofo2026

17.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2179 of 2026 Umagandhi ...... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Trichy - 620 020. 2.The Inspector of Police, Edamalaipattipudur Police Station, Trichy City. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order passed by the 1st respondent vide proceedings in No.3408/Thaku.4/2025, dated 31.03.2026 and quash the same as illegal and void, consequently grant 6 days emergency leave without escort to the petitioner's husband A.K.Subbu @ K.Subramanian, S/o.Krishnasamy (Convict Prisoner No.23386, PID No.235504) confined at Central Prison, Trichy, forthwith considering the representation, dated 25.03.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor