Gunasekaran Vs The Deputy Inspector General of Prison

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

¶11

2.The Superintendent of Prison, Central Jail, Madurai.

¶12

3.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

¶13

4.The Inspector of Police, O/o. Devipattinam Police Station, Ramanathapuram District.

¶14

...... Respondents

¶15

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records passed by Respondent No.1 in No.714/Utha.2/2025 dated 08.07.2025 passed by

¶16

Page 1 of 6

¶17

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

¶18

W.P.CRl.(MD).No.2477 of 2026

¶19

the Respondent No.1, insofar as it imposes the condition requiring execution of sureties before the Revenue authorities and quash the same as illegal and consequently direct the respondents to permit the execution of sureties before the second respondent and thereby enable the petitioner namely Gunasekaran, S/o.Murugan (PID No.2233) (C.P.No.2233) incarcerated in Madurai Central Prison for the past 18 years.

¶20

For Petitioner : Dr.Lakshmi Prasanna Komara For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

¶21

O R D E R

¶22

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

¶23

This Writ Petition has been filed challenging the proceedings of the first respondent made in No.714/Utha.2/2025 dated 08.07.2025, wherein the petitioner is seeking for modification of the condition pertaining to execution of sureties.

¶24

Heard the learned counsel for the petitioner and the learned

¶25

Additional Public Prosecutor appearing on behalf of the respondents.

¶26

_____________ Page 2 of 6_

¶27

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

¶28

W.P.CRl.(MD).No.2477 of 2026

¶29

The petitioner is a life convict and is undergoing sentence at Central Prison, Madurai. He has completed more than 11 years of sentence. A representation was made before the first respondent seeking for 28 days ordinary leave. The first respondent, through the proceedings dated 08.07.2025, granted 28 days ordinary leave, but however imposed the condition that the petitioner, apart from executing a personal bond, must also execute two sureties for a like sum. In spite of the best efforts made by the petitioner, he was not able to get two sureties and therefore, the present Writ Petition has been filed before this Court seeking modification of the said condition.

¶30

The learned counsel for the petitioner submitted that only the

¶31

petitioner's mother is there to support the petitioner and she is old and ailing. Therefore, the petitioner is not in a position to comply with the condition with respect to execution of sureties.

¶32

In our considered view, the order was passed by the first

¶33

respondent as early as on 08.07.2025 and till date, the petitioner is not in a position to execute the sureties before the Tahsildar. In view of the same,

¶34

_____________ Page 3 of 6_

¶35

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

¶36

W.P.CRl.(MD).No.2477 of 2026

¶37

the condition imposed by the first respondent is modified to the extent that the petitioner will be permitted to execute sureties before the second respondent and during the entire ordinary leave period, the petitioner shall report before the 4^th respondent every day at 6.00 PM.

¶38

This Writ Petition is disposed of in the above terms. No costs.

¶39

[N.A.V., J.] & [K.K.R.K., J.] 29.04.2026

¶40

NCC : Yes / No Index : Yes / No

¶41

Indu

¶42

Page 4 of 6

¶43

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

¶44

W.P.CRl.(MD).No.2477 of 2026

¶45

To

¶46

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

¶47