Thavamani Tamilvel v. The Superintendent 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. 534913/ThaKu.4/2026, dated 23.04.2026 and direct the first respondent to grant six days emergency leave without police escort to the petitioner's husband Tamilvel, S/o.Kathirvel (PID No.534913) now confined at Central Prison, Tiruchirapalli forthwith considering the representation dated

08.04.2026.

¶2It is the case of the petitioner that her husband was convicted by the Additional District and Sessions Court, Ariyalur in S.C.No.52 of 2017 dated 25.08.2023 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has not filed any appeal. Due to conviction the convict is languishing in jail for three years. While being so, the petitioner applied for emergency leave for her husband to attend the petitioner's mother's illness and she has also produced the doctor certificate along with her request, however it was rejected on the ground that the convict is facing yet another case in CC No.87 of 2020 on th efile of the learned Judicial Magistrate, Senthurai, Ariyalur District for the offences under Sections 147,148,294(b), 324,342 and 506(ii) of IPC.

¶3The learned counsel appearing for the petitioner submitted that the request of the petitioner is genuine and the mother of the petitioner is suffering from medical illness,therefore the mother of the petitioner has to be admitted in the hospital for treatment.

4.The learned Additional Public Prosecutor, on instructions, submitted that the request of the petitioner was rejected on the ground that the convict is facing yet another case.

¶5Considering the above facts and circumstances of the case, this Court is inclined to grant four days emergency leave to the convict without escort to attend the medical illness of the petitioner's mother. In view of the same the order passed by the first respondent cannot be sustained and the same is liable to be set aside.

¶6Accordingly, the impugned order passed by the first respondent is set aside and writ petition is disposed of with the following directions:

(i) The first respondent directed to grant four days emergency leave without to the convict prisoner namely, Tamilvel, S/o.Kathirvel (PID No.534913) now confined at Central Prison, Tiruchirapalli from

16.05.2026 to 19.05.2026. The convict prisoner shall be released from the prison on 16.05.2026 at 9.00 am.,

(ii) He shall report back to the Superintendent of Prison, Central Jail, Trichy / first respondent, by 19.05.2026 at

6.00pm..,

(iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities.

(iv) During the leave period the convict shall report before the second respondent daily at 10.30 a.m., and 5.30 pm.,

(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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

13.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav Note: Issue order copy on 14.05.2026 To:

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

¶2The Inspector of Police Senthurai Police Station Ariyalur District.

¶3The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oK.oRAJASEKARoo,oJo. aav W.P.Crl.(MD)oNo.2754oofo2026

13.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.05.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE K. RAJASEKAR Thavamani Tamilvel ... Petitioner -vs- 1. The Superintendent of Prison Central Prison Trichy - 620 020. 2. The Inspector of Police Senthurai Police Station Ariyalur District. ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the Impugned Order passed by the 1st respondent vide her proceedings in No. 534913/ThaKu.4/2026, dated 23.04.2026 and quash the same as illegal and void and consequently grant six days emergency leave without police escort to the petitioner's husband Tamilvel, S/o.Kathirvel (PID No.534913) now confined at Central Prison, Tiruchirapalli forthwith considering the representation dated 08.04.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor