Dismissed¶¶29

Mallika v. The Home Secretary

Madras HC26 Feb 2026WP Crl.(MD)/1089/2026

Case brief

AI extract

What is this about?

Emergency leave for prisoner without escort; certiorarified mandamus under Article 226 against Superintendent of Prison, Palayamkottai proceedings No.8667/tha.ku.2/2026 dated 19.02.2026; convict earlier absconded while on leave and surrendered late; leave granted with escorts held free of infirmity; writ petition dismissed; connected WMP closed; petitioner Mallika for husband Chinnathambi (PID No.8667); Ettayapuram Police Station, Thoothukudi District; Madurai Bench of Madras High Court; G.K.ILANTHIRAIYAN and R.POORNIMA, JJ.

What did the court decide?

The Court found no infirmity or illegality in the order passed by the third respondent, in view of the convict's earlier absconding and failure to surrender within time after leave, pursuant to which the authorities had granted leave with escorts (as submitted by the Additional Public Prosecutor).

Mallika Vs The Home Secretary — Writ and Judicial Review | Madras HC (2026)

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W.P.Crl.(MD) No.1089 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :26.02.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P.Crl.(MD) No.1089 of 2026 and WMP(MD) No.284 of 2026

Mallika

... Petitioner

-vs-

The Home Secretary Government of Tamil Nadu Secretariat, Fort St.George, Chennai- 600 009

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The Deputy Inspector General of Prisons Madurai Range Madurai- 625 001

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The Superintendent of Prison Central Prison Palayamkottai 627 007

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4.The Inspector of Police Ettayapuram Police Station, Thoothukudi District

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..Respondents

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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 proceedings in No.8667/tha.ku.2/2026 dated 19.02.2026 issued by the third respondent quash the same and consequently direct the third respondent to

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

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W.P.Crl.(MD) No.1089 of 2026

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grant six days emergency leave without escort to the petitioner's husband Chinnathambi, S/o.Karmegam bearing PID No.8667 who is currently lodged in Central Prison, Palayamkottai

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For Petitioner : Mr.P.M.Basil 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 third respondent in No.8667/tha.ku.2/2026 dated 19.02.2026 and direct the third respondent to grant six days emergency leave without escort to the petitioner's husband Chinnathambi, S/o.Karmegam bearing PID No.8667 who is currently lodged in Central Prison, Palayamkottai

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2. The learned Additional Public Prosecutor, on instructions

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submitted that while the convict was granted leave on an earlier occasion he absconded and he did not surrender before the jail authorities within time, thereafter he was arrested and remanded to judicial custody. In view of the same, the authorities has granted leave to the convict with escorts,thereby this Court finds no infirmity or illegality in the order passed by the third respondent.

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

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W.P.Crl.(MD) No.1089 of 2026

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