Raja Vs The Deputy Inspector General of Prisons and Correctional Services

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 orders passed by the first respondent vide proceedings in No.RO.TRY/81/2026-CA dated 10.02.2026 and quash the same as illegal and consequently direct the first respondent to grant 21 days ordinary leave without

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.(MD) No.1073 of 2026

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escort to the petitioner namely Raja, S/o. Mahalingam, aged about 40 years, convict prisoner PID No.444594 confined at Central Prison, Trichy

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For Petitioner : Mr.K.A.S. Prabhu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

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The prayer in the petition is to quash the impugned order passed by the first respondent in No.RO.TRY/81/2026-CA dated 10.02.2026 and direct the first respondent to grant 21 days ordinary leave without escort to the petitioner namely Raja, S/o. Mahalingam, aged about 40 years, convict prisoner PID No. 444594 confined at Central Prison, Trichy

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2. It is the case of the petitioner that he was convicted by the Special Court for POCSO Act Cases, Thanjavur in Spl.S.C. No.27 of 2023 on 31.07.2023 and sentenced to undergo five years rigorous imprisonment for the offence under Section 10 of POCSO Act. Aggrieved over the same, the petitioner has not filed any appeal so far. The petitioner submitted an application seeking ordinary leave for a period of 21 days. After considering the request made by the petitioner, the first respondent granted ordinary leave to the convict with escort.. The petitioner being a poor person could not afford the cost for escorts.

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W.P.Crl.(MD) No.1073 of 2026

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In view of the above, the condition imposed in the order dated

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10.02.2026 directing the convict to go on ordinary leave with escort is modified and the convict shall go on ordinary leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the fourth respondent police daily at 10.30 a.m., and 05.30 p.m. till the completion of leave period. He shall duly comply with the conditions and return to the prison on expiry of the leave period. Further the convict shall not disturb the victim or her family members. If any disturbance caused by the convict the fourth respondent is directed to proceed in accordance with law.

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