Balakrishnan Vs The Deputy Inspector General of Prison

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records passed by the first respondent in No.167/Vu.tha.2/2026 dated 16.02.2026and quash the same as bad in law and further direct the respondents 1 and 2 to grant ordinary leave without escort for the period of 28 days to the petitioner namely Balakrishnan,

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

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W.P.Crl.(MD) No.1134 of 2026

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S/o.Maruthakaruppan, PID No.191684 convict prisoner languishing in Madurai Central Prison for the past three years.

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For Petitioner : Dr. Lakshmi Prasanna Komara 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.167/Vu.tha.2/2026 dated 16.02.2026 and direct the respondents 1 and 2 to grant ordinary leave without escort for the period of 28 days to the petitioner namely Balakrishnan, S/o.Maruthakaruppan, PID No. 191684 convict prisoner languishing in Madurai Central Prison for the past three years.

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2. It is the case of the petitioner that he was convicted by the Fast Track Mahila Court, Rajapalayam in S.C. No.1 of 2022 on 10.02.2023 and sentenced to undergo seven 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 28 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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https://www.mhc.tn.gov.in/judis

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W.P.Crl.(MD) No.1134 of 2026

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

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16.02.2026 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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