Allowed

P.Thavasikani v. The Home Secretary

Madras HC25 Jun 2026WP Crl.(MD)/3529/2026

Case brief

AI extract

What is this about?

The Madras High Court allowed a writ petition challenging the condition of police escort imposed on a life convict granted emergency leave. The Court set aside the escort condition and directed the authorities to grant emergency leave subject to daily police reporting.

What did the court decide?

Impugned proceedings setting the condition of police escort set aside; direction to grant 3 days emergency leave without escort, subject to daily reporting to police at 5.00 PM.

P.Thavasikani Vs The Home Secretary — Pension and Retirement Benefits | Madras HC (2026)

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W.P.CRl..(MD).No.3529 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.Crl.(MD) No.3529 of 2026 and

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W.M.P.Crl.(MD) No.851 of 2026

P.Thavasikani

Petitioner

Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai - 600 009.

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2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

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3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

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4.The Inspector of Police, Nesamoninagar Police Station Kanyakuamari District.

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...... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.4644 /thaku.2/2026 by the 3^rd respondent

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

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W.P.CRl..(MD).No.3529 of 2026

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dated 22.04.2026 and quash the same and direct the 3^rd respondent to grant 3 days emergency leave without escort to the petitioner's brother, Raja @ Ashokkumar, S/o.Paulpandian, aged 38, convict No.4644, PID No.239023, presently confined at Central Prison, Palayamkottai.

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For Petitioner : Mr.R.Jenifar Bibin 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 third respondent made in No.4644 /thaku.2/2026, dated 22.04.2026 and

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for a consequential direction to the third respondent to grant 3 days emergency leave without Police escort to the petitioner's brother, who is presently serving his sentence at Central Prison, Palayamkottai.

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

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W.P.CRl..(MD).No.3529 of 2026

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The petitioner's brother is a life convict, who is undergoing sentence at Central Prison, Palayamkottai. The petitioner submitted a representation seeking for emergency leave to his brother on the ground that she is suffering from serious health issues and that she requires the physical and emotional support of the convict. The third respondent, through the impugned proceedings dated 22.04.2026, granted 3 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 6 years, 3 months and 3 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 third respondent dated 22.04.2026 and the same is hereby set aside and there shall be a direction to the third respondent to grant 3 days emergency leave

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

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W.P.CRl..(MD).No.3529 of 2026

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subject to the condition that the convict shall report before the fourth respondent Police daily at 5.00 PM during the entire emergency leave period. The other conditions imposed by the third respondent shall stand as they are and the sureties shall be executed before the jail authorities.

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This Writ Petition (Criminal) is allowed with the above

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directions. Consequently, connected Miscellaneous Petition is closed. No

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costs.

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[N.A.V., J.] & [K.K.R.K., J.] 25.06.2026

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NCC : Yes / No Index : Yes / No

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Indu

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Page 4 of 6

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

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W.P.CRl..(MD).No.3529 of 2026

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1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai - 600 009.

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2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

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3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

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4.The Inspector of Police, Nesamoninagar Police Station Kanyakuamari District.

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

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Page 5 of 6

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

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W.P.CRl..(MD).No.3529 of 2026

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N.ANAND VENKATESH, J. AND K.K.RAMAKRISHNAN, J.

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Indu

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W.P.Crl.(MD).No.3529 of 2026

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25.06.2026

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_____________ Page 6 of 6_

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

P.Thavasikani v. The Home Secretary

Case brief

What is this about?

What did the court decide?

P.Thavasikani v. The Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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