M.Eswari Vs The Deputy Inspector General of Prison — Writ and Judicial Review | Madras HC (2026)

M.Eswari Vs The Deputy Inspector General of Prison — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Ordinary leave granted to the detenu Murugan (PID No. 262599) from 06.03.2026 at 10.00 a.m. up to 08.03.2026 at 11.00 a.m. with a single police escort, restricted to attending the family function and not moving away from his locality; surrender ordered on 08.03.2026 at 11.00 a.m.; case to be posted under the caption "For reporting Compliance" on 09.03.2026. (The prayer had sought seven days' emergency leave from 06.03.2026 to 12.03.2026.)

Issue for consideration

Whether the petitioner's husband, a life convict (Murugan, PID No. 262599) confined at Central Prison, Trichy, should be granted leave to attend the ceremonies conducted for her daughters on 06.03.2026 and 07.03.2026, and on what terms and conditions.

Court's answer

There shall be a direction to the second respondent (Superintendent of Prison, Trichy Central Prison) to grant ordinary leave to the detenu from 06.03.2026 at 10.00 a.m. upto 08.03.2026 at 11.00 a.m., taking into consideration the facts and circumstances of the case, the materials placed before the Court and the reasons assigned in the representation.

Ratio / Principle

There shall be a single police escort accompanying the detenu during the period of ordinary leave.

Key takeaways

The detenu will attend the family function and will not be permitted to move away from his locality during the entire period of ordinary leave.ratio¶39
The detenu shall surrender before the second respondent within the time stipulated by the Court on 08.03.2026 at 11.00 a.m.ratio¶42

Detailed headnote1 paragraphs

Writ Petition (Criminal) under Article 226 filed by M.Eswari seeking a Writ of Mandamus directing the Deputy Inspector General of Prison and the Superintendent of Prison, Trichy to grant emergency leave for seven days (06.03.2026 to 12.03.2026) to her husband Murugan (PID No. 262599), a life convict confined at Central Prison, Trichy, convicted under Sections 392, 394 and 397 IPC and sentenced to life imprisonment by the Principal District and Sessions Judge, Pudukkottai in S.C.No.10 of 2021 (confirmation by this Court in Crl.A.(MD).No.626 of 2022 by judgment dated 07.01.2026; about 4 1/2 years undergone), to attend his daughters' ear-piercing/ceremonial functions. On the representation dated 24.02.2026 pending before respondents 1 and 2, the Court (order made by N. Anand Venkatesh, J., bench with P. Dhanabal, J.) directed the second respondent to grant ORDINARY leave from 06.03.2026 at 10.00 a.m. up to 08.03.2026 at 11.00 a.m. with a single police escort, the detenu being permitted only to attend the family function and barred from moving away from his locality; surrender fixed for 08.03.2026 at 11.00 a.m.; the Writ Petition was disposed of accordingly and the Registry directed to post it under the caption "For reporting Compliance" on 09.03.2026.

W.P.CRl..(MD).No.1335 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE P.DHANABAL

W.P.Crl.(MD).No.1335 of 2026

M.Eswari

....... Petitioner

Vs.

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services,

Madurai Range, Madurai Central Prison Campus, Madurai District.

2.The Superintendent of Prison, Trichy Central Prison, Trichy District.

3.The Commissioner of Police, O/o. the Commissioner of Police, Trichy District.

4.The Inspector of Police, O/o. the Inspector of Police, Edamalaipatti Pudhur Police Station, Trichy.

...... Respondents

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W.P.CRl..(MD).No.1335 of 2026

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing respondent Nos.1 and 2 to grant emergency leave to the petitioner's husband, namely, Murugan (PID No. 262599), who is life convict prisoner, confined at Central Prison, Trichy, for a period of seven days from 06.03.2026 to 12.03.2026 for the purpose

of enabling him to attend petitioner's daughter's ear-piercing ceremony.

For Petitioner : Ms.M.Sevanthi

For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.]

This Writ Petition has been filed for a mandamus directing the

first and second respondents to consider the representation made by the petitioner on 24.02.2026, wherein, the petitioner is seeking for leave for her husband to attend a ceremony conducted for her daughters on 06.03.2026 and 07.03.2026.

Heard the learned counsel on either side.

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W.P.CRl..(MD).No.1335 of 2026

The petitioner's husband underwent trial for the offence under

Sections 392, 394 and 397 IPC and was convicted and sentenced to undergo life imprisonment by the learned Principal District and Sessions Judge, Pudukkottai in S.C.No.10 of 2021. The said conviction and sentence was confirmed by this Court in Crl.A.(MD).No.626 of 2022 by judgment dated 07.01.2026. Thus, the detenu was undergoing life imprisonment for about 4 ½ years.

The petitioner wants to conduct a function for her daughters

and hence, the petitioner wants the detenu, who is the husband, to participate in the said family function. Accordingly, the representation was made on 24.02.2026, which is pending before the first and second respondents.

Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and the reasons assigned in the representation, there shall be a direction to the second respondent to grant ordinary leave to the detenu from 06.03.2026 at 10.00 a.m., upto 08.03.2026 at 11.00 a.m. There shall be a single police escort

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W.P.CRl..(MD).No.1335 of 2026

accompanying the detenu. It is made clear that the detenu will attend the family function and will not be permitted to move away from his locality during the entire period of ordinary leave.

This Writ Petition (Criminal) is disposed of in the above

terms.

The detenu shall surrender before the second respondent within a time stipulated by this Court on 08.03.2026 at 11.00 a.m.

Registry is directed to post this case under the caption “For reporting Compliance” on 09.03.2026.

[N.A.V., J.] & [P.D.B., J.] 05.03.2026

NCC : Yes / No Index : Yes / No TSG

Note : Issue Order Copy by 05.03.2026

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W.P.CRl..(MD).No.1335 of 2026

Copy to

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services,

Madurai Range, Madurai Central Prison Campus, Madurai District.

2.The Superintendent of Prison, Trichy Central Prison, Trichy District.

3.The Commissioner of Police, O/o. the Commissioner of Police, Trichy District.

4.The Inspector of Police, O/o. the Inspector of Police, Edamalaipatti Pudhur Police Station, Trichy.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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W.P.CRl..(MD).No.1335 of 2026

N.ANAND VENKATESH , J. AND P.DHANABAL, J.

TSG

W.P.Crl.(MD).No.1335 of 2026

05.03.2026

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