Thangakkani v. The Deputy Director General of Prison and Correctional Services, Madurai Region

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 21 days ordinary leave to the convict prisoner with escort, the petitioner has filed this writ petition to allow the convict prisoner to go on leave without escort.

¶2The learned 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 carry out house maintenance works. 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.

¶3Per contra, the learned Counsel for the State of Tamil Nadu(Crl.Side) would submit that the victims are living within the same locality of the convict prisoner. Page No.2 of 5

¶4In reply, the learned counsel for the petitioner would submit that the crime is of the year 2015 and during the period of trial for 7 years, the convict prisoner was on bail and was living in the same locality. During such time, he did not face any threat from the victims. Further, during bail, the convict prisoner had not misused the liberty granted to him.

¶5Taking into consideration the submissions made on either side, we are inclined to modify the condition to the effect that the convict prisoner will be allowed to go on ordinary leave for 21 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.

¶6This 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 Page No.3 of 5 To:

¶1The Deputy Director General of Prison and Correctional Services, Madurai Region, Madurai.

¶2The Inspector of Police, Sethur Rural Police station, Virudhunagar District. Page No.4 of 5 W.P.Crl(MD)No.4085oofo2026 A.D.JAGADISHoCHANDIRA,oJ. AND R.POORNIMA,oJ. bala ORDERoMADEoIN W.P.Crl(MD)No.4085oofo2026 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 Thangakkani ... Petitioner vs. 1. The Deputy Director General of Prison and Correctional Services, Madurai Region, Madurai. 2. The Inspector of Police, Sethur Rural Police station, Virudhunagar 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 1st respondent in No.734/cj.2/2026 dated 16.07.2026 and quash the same and consequently directing the respondent to grant 21 days ordinary leave to the petitioner's husband namely Thangasamy S/o. Mariappan (PID No.403305) without escort now confined under Central Prison, Madurai. For Petitioner : Mr.S.Srikanth For Respondents: Mr.D.Venkatesh Counsel for State of Tamil Nadu (Crl.Side) Page No.1 of 5