Maharajothi v. The Deputy Inspector General 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 second respondent in No. 1305/ThaKu.2/2026 dated 30.04.2026 and direct the the respondents 1 and 2 to grant 15 days emergency leave to the petitioner's father namely Kannan @ Pitchaikannu, S/o.Ramakrishnan, (PID No. 534463) without escort now confined at Central Prison, Madurai.

¶2It is the case of the petitioner that her father was convicted by the Mahila Court, Madurai in S.C.No.267 of 2019 dated 21.12.2022 and sentenced to undergo life imprisonment. Aggrieved over the same, the convict has preferred an appeal before this Court and the same was also dismissed. While being so, the petitioner got married and delivered a female baby therefore inorder to visit the new born child the daughter of the convict has applied for 15 days emergency leave for her husband, however it was rejected on the ground that the father of the petitioner is facing yet another case in C.C.No. 870 of 2023 for the offences under Sections 8(C) r/w. 20(b)(ii) (B), 29(1) of NDPS Act on the file of the EC Court, Madurai, thereby he is not eligible for ordinary leave.

3.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.

¶4The petitioner has applied for emergency leave to visit the child born on 24.04.2026.

¶5Considering the above facts and circumstances of the case, this Court is inclined to grant two days emergency leave to the convict without escort. 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 two days emergency leave without to the convict prisoner namely, Kannan @ Pitchaikannu, S/o.Ramakrishnan, (PID No. 534463) confined at Central Prison, Madurai. on 16.05.2026 and 17.05.2026. 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, Madurai/ second respondent, by

17.05.2026 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 prisoner shall report before the fourth 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. Consequently connected miscellaneous petition stands closed.

[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 Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Department Madurai Region Madurai.

¶2The Superintendent of Prison Central Prison Madurai.

¶3The Superintendent of Police Thoothukudi District.

¶4The Inspector of Police Thiruchendur Taluk Police Station Thoothukudi District.

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oK.oRAJASEKARoo,oJo. aav W.P.Crl.(MD)oNo.2759oofo2026

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 and WMP Crl.(MD) No.667 of 2026 Maharajothi ... Petitioner -vs- 1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Department Madurai Region Madurai. 2. The Superintendent of Prison Central Prison Madurai. 3. The Superintendent of Police Thoothukudi District. 4. The Inspector of Police Thiruchendur Taluk Police Station Thoothukudi 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 2nd respondent in No. 1305/ThaKu.2/2026 dated 30.04.2026 and quash the same and consequently directing the 1st and 2nd respondents to grant 15 days emergency leave to the petitioner's father namely Kannan @ Pitchaikannu, S/o.Ramakrishnan, (PID No. 534463) without escort now confined at Central Prison, Madurai. For Petitioner : Mr.S.Srikanth For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor