Rajakani Vs The Deputy Inspector of Prison

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the order passed by the 2^nd respondent in No.9129/tha.ku.2/2026, dated 19.06.2026 and quash the same and consequently directing the 2^nd respondent to grant 6 days Emergency leave without escort to the petitioner's husband namely Vayanaperumal, S/o.Pitchai Nadar (C.P.No. 5865, PID No.162929) now confined under Central Prison, Madurai.

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For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

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O R D E R

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

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This Writ Petition has been filed challenging the proceedings of the second respondent made in No.9129/tha.ku.2/2026, dated 19.06.2026 and for direction to the second respondent to grant 6 days emergency leave to the petitioner's husband, who is presently undergoing sentence at Central Prison, Madurai.

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Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

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

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W.P.CRl..(MD).No.3370 of 2026

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The petitioner's husband is a life convict undergoing a sentence at Central Prison, Madurai. The petitioner submitted a representation seeking emergency leave on the ground that she is suffering from a serious illness and she requires the physical and emotional support of the convict. The said representation came to be considered by the second respondent through the impugned proceedings dated 19.06.2026 and 3 days emergency leave was granted with police escort. Aggrieved by the same, the present Writ Petition has been filed.

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The learned Counsel for the State of TN (Crl. Side), on instructions, submitted that the convict has undergone sentence of 7 years and 5 days and has been granted emergency leave thrice and ordinary leave once earlier pursuant to the order passed by this Court.

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Taking into consideration the facts and circumstances of this

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case and considering the reason for which the emergency leave has been sought for and taking note to the fact that the convict has been granted emergency leave thrice on earlier occasion and the convict has availed emergency only once during this year and nothing untoward happened, we

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

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W.P.CRl..(MD).No.3370 of 2026

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are inclined to modify the order passed by the second respondent, dated 19.06.2026 to the effect that the second respondent shall grant 6 days emergency leave subject to the condition that the convict shall report before the 4^th respondent daily at 5.00 PM during the entire leave period. The other conditions imposed by the second respondent shall stand as they are and the sureties shall be executed before the jail authorities.

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