Maruthupandi Vs The Superintendent of Prison

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of 8Writ of Certiorarified Mandamus, calling for the records of the order passed by the 1^st respondent in No.1370/Tha.Ku.2/2026 dated 19.06.2026 and quash the same and consequently directing the first respondent to grant 6 days emergency leave without escort to the petitioner's brother namely Veerapandi @ Karthick, S/o.Thannasi, Convict

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

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W.P.CRl..(MD).No.3526 of 2026

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Prisoner (PID No.378462), now confined at 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

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the first respondent made in No.1370/Tha.Ku.2/2026, dated 19.06.2026

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and for a consequential direction to the first respondent to grant 6 days emergency leave without Police escort to the petitioner's brother, who is presently serving his sentence at Central Prison, Madurai.

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Heard the learned counsel for the petitioner and the learned

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Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

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The petitioner's brother is a life convict, who is undergoing sentence at Central Prison, Madurai. The petitioner submitted a representation seeking for emergency leave to his brother on the ground

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W.P.CRl..(MD).No.3526 of 2026

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that the convict's mother is suffering from serious health issues and that she requires the physical and emotional support of the convict. The first respondent, through the impugned proceedings dated 19.06.2026, granted 6 days emergency leave; however, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

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The learned Counsel for State of TN (Crl.Side) submitted that

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the convict has undergone 4 years, 2 months and 23 days of imprisonment and the convict was granted emergency leave once.

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Taking into consideration above submissions and also

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considering the reason, for which the emergency leave has been sought for, we are inclined to interfere with the impugned proceedings of the first respondent dated 19.06.2026 and the same is hereby set aside and there shall be a direction to the first respondent to grant 6 days emergency leave subject to the condition that the convict shall report before the third respondent Police daily at 5.00 PM during the entire emergency leave period. The other conditions imposed by the first respondent shall stand as

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W.P.CRl..(MD).No.3526 of 2026

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they are and the sureties shall be executed before the jail authorities.

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