Mala v. The Superintendent of Prison, Central Prison

O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order dated 16.07.2026 passed by the 1st respondent granting 3 days emergency leave to the convict prisoner with escort, the petitioner has filed this writ petition to allow the convict prisoner to go on leave for 6 days without escort.

¶1Learned counsel for the State of Tamil Nadu (Crl.Side) would submit that the convict prisoner can be granted emergency leave for a period of 15 days in the spell of 6+3+3+3 and the convict prisoner has already exhausted 6 days. Therefore, he is entitled for 3 days leave only and hence, the impugned order has rightly been passed.

¶2Learned counsel for the petitioner would submit that the petitioner's family suffers from a poor financial condition and further, the purpose for seeking leave is to give care and support to the convict prisoner's son who is mentally challenged and suffers from epileptic fits. Therefore, the convict prisoner will be burdened with escort expenses if he is allowed to go on leave with escort. Hence, the learned counsel would pray that the convict prisoner may be permitted to go on leave without escort. Page No.2 of 5

¶3Taking into consideration the above submission of the learned counsel for the petitioner, we are inclined to modify the condition to the effect that the convict prisoner will be allowed to go on emergency leave for 3 days as per the impugned order, but without escort and that the petitioner shall report before the 2nd respondent/Police daily at 06.30 p.m., during the entire leave period. The other conditions imposed in the impugned order dated 16.07.2026 shall stand as it is.

¶4This Writ Petition (Criminal) is disposed of in the above terms. [A.D.J.C., J.] [R.P., J.]

23.07.2026 Index : Yes / No bala To:

¶1The Superintendent of Prison, Central Prison, Madurai.

¶2The Inspector of Police, Page No.3 of 5 Nachiyar Kovil Police station, Ramanathapuram District. Page No.4 of 5 W.P.Crl(MD)No.4083oofo2026 A.D.JAGADISHoCHANDIRA,oJ. AND R.POORNIMA,oJ. bala ORDERoMADEoIN W.P.Crl(MD)No.4083oofo2026 DATEDo:o23.07.2026 PageoNo.5oofo5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Mala ... Petitioner vs. 1. The Superintendent of Prison, Central Prison, Madurai. 2. The Inspector of Police, Nachiyar Kovil Police station, Ramanathapuram 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 order passed by the 1st respondent in No. 1289/jF.2/2026 dated 16.07.2026 and quash the same and consequently directing the respondent to grant 6 days emergency leave to the petitioner's husband Arumugam S/o. Karuppaiya (PID No.213660) without escort now confined under Central Prison, Madurai now i.e., respondent herein within the time frame stipulated by this Court. For Petitioner : Mr.S.Srikanth For Respondents: Mr.D.Venkatesh Counsel for State of Tamil Nadu (Crl.Side) Page No.1 of 5