Vinitha v. The Deputy Inspector General of Prison

ORDER (Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Writ Petition has been filed challenging the order passed by the second respondent, dated 29.04.2026, rejecting the request made by the petitioner seeking three days emergency leave for her husband.

2.The petitioner's husband is a convict in Spl.S.C.No.58 of 2022 on the file of the Third Additional District and Sessions Court, Madurai, for the offences punishable under Section 302 IPC read with Section 3(2)(va) of the SC/ST Act and Section 120(B) IPC. The petitioner, being the wife of the convict, applied for emergency leave for her husband to attend the ear-piercing ceremony of their children, scheduled to be held on 24.05.2026. The request for emergency leave was, however, rejected by the second respondent.

3.The learned counsel for the petitioner submitted that the ear-piercing ceremony of the petitioner's children is fixed on

24.05.2026 and the presence of her husband is necessary.

4.Considering the facts and circumstances of the case, this Court is inclined to grant emergency leave for three days, i.e., from

23.05.2026 to 25.05.2026, to the convict to attend the ear-piercing ceremony of his children.

5.In view of the above, the order passed by the second respondent, dated 29.04.2026, is set aside and the Writ Petition is allowed. The second respondent is directed to grant three days emergency leave, i.e., from 23.05.2026 to 25.05.2026, without escort, subject to the following conditions:

(i) The convict shall report before the Inspector of Police, Silaiman Police Station, Madurai District, daily at 10.30 a.m. and

05.30 p.m. during the period of leave; and

(ii) The Inspector of Police, Silaiman Police Station, Madurai District, shall ensure that the convict surrenders before the second respondent upon completion of the emergency leave. [G.K.I.J.,] & [K.R.S.J.,] NCC : Yes/No

13.05.2026 Index : Yes/No ps To

1.Deputy Inspector General of Prison, O/o.Deputy Inspector General of Prison, Madurai Range, Madurai.

2.The Superintendent of Prison, Madurai District Prison, Madurai.

3.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

4.The Inspector of Police, Silaiman Police Station, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN, J. AND

K.RAJASEKAR, J. ps

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 Vinitha ... Petitioner Vs. 1.Deputy Inspector General of Prison, O/o.Deputy Inspector General of Prison, Madurai Range, Madurai. 2.The Superintendent of Prison, Madurai District Prison, Madurai. 3.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District. 4.The Inspector of Police, Silaiman Police Station, Madurai District. (Crime No.537 of 2021). ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in his proceedings No.1310/Thagu.2/2026 dated 29.04.2026, quash the same as illegal and consequently direct the respondents 1 to 4 to provide emergency leave for 3 days from 23.05.2026 to 25.05.2026 with police escort to the petitioner's husband Prabhukumar (L.C.P.No.389493), who is a life convict, to attend the ear piercing ceremony of their daughter P.Harini and son P.Hariharasudhan, scheduled on 24.05.2026, based on the petitioner's representation dated 22.04.2026. For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor