Anataruby Thagakani Vs The Home Secretary

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.5096/tha.ku.2/2026 (LCT PID No.472975, Baskar, Son of Palavesam, dated 17.02.2026 issued by the third respondent quash the same and consequently direct the third respondent to grant six days emergency leave

¶16

_____________ Page 1 of 5_

¶17

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

¶18

W.P.Crl.(MD) No.1112 of 2026

¶19

without escort to the petitioner's husband Baskar, S/o.Palavesam bearing PID No.475975 who is currently lodged at Central Prison, Palayamkottai.

¶20

For Petitioner : Mr.P.M. Basil

¶21

For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

¶22

O R D E R

¶23

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

¶24

The prayer in the petition is to quash the impugned order passed by the

¶25

third respondent in No.5096/tha.ku.2/2026 dated 17.02.2026 and direct the third respondent to grant six days emergency leave without escort to the petitioner's husband Baskar, S/o.Palavesam bearing PID No.475975 who is currently lodged at Central Prison, Palayamkottai.

¶26

2. It is the case of the petitioner that her husband was convicted by

¶27

the Additional District and Sessions Court(Fast Track Court) Kanniyakumari District in S.C. No.136 of 2018 and sentenced to undergo life imprisonment for the offence under Section 302 r/w.34 of IPC. Aggrieved over the same, the convict has preferred an appeal before this Court and the same is pending.. The petitioner submitted an application seeking emergency leave for a period of 6 days. After considering the request made by the petitioner, the third

¶28

_____________ Page 2 of 5_

¶29

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

¶30

W.P.Crl.(MD) No.1112 of 2026

¶31

respondent granted emergency leave to the convict with escort.. The petitioner being a poor person could not afford the cost for escorts.

¶32

In view of the above, the condition imposed in the order dated 17.02.2026 directing the convict to go on emergeny 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 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.

¶33