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2026 DAILYLAW 45195 (MAD)

Thilagavathi v. The Additional Director General of Prisons

WP Crl.(MD)/3485/2026 · 2026-07-03

A D Jagadish Chandira, T V Thamilselvi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.3485 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.Crl.(MD)No.3485 of 2026 Thilagavathi ... Petitioner Vs. 1.The Additional Director General of Police and Inspector General of Prisons, Tamil Nadu Prison Department Egmore Chennai - 600 008. 2. The Deputy Inspector General of Prisons Central Region Madurai. 3. The Superintendent Central Prison Madurai. Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 4.The Medical Officer Central Prison Hospital Madurai. 5.The Inspector of Police Keerathurai Police Station Madurai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant emergency leave to the petitioner's husband /convict prisoner K.G.Prem Kumar (convict No.717571), presently confined at Central Prison, Madurai for a period of the remaining 9 days in a single continuous spell, without applying the restriction of the 6 day maximum cap per spell under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, enabling him to undergo the urgent Right Eye Cataract Survery at Aravind Eye Hospital, Madurai, without escort. For Petitioner : Mr.P.Manianandh For Respondents : Mr.D.Venkatesh, Counsel for the State of Tamil Nadu (Crl. side) Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The writ petition has been filed seeking writ of Mandamus directing the respondents to grant emergency leave to the petitioner's husband /convict prisoner K.G.Prem Kumar (convict No.717571), presently confined at Central Prison, Madurai for a period of the remaining 9 days in a single continuous spell, without applying the restriction of the 6 day maximum gap per spell under Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982, enabling him to undergo the urgent Right Eye Cataract Survery at Aravind Eye Hospital, Madurai, without escort. 2. Mr.P.Manianandh, learned counsel for the petitioner would submit that the petitioner has to undergo eye surgery, he was all along taking eye treatment in Aravind Eye Hospital and thereby he had requested for 6 days whereas the respondents have not considered the representation, the petitioner has come up with the present writ petition before this Court. 3.Mr.D.Venkatesh, learned Counsel for the State of Tamil Nadu (Crl. Side) appearing for the respondents would submit the Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 respondents have rejected the representation of the petitioner. He would further submit that the convict prisoner has been convicted to undergo one year rigorous imprisonment and he has already availed 6 days emergency leave for undergoing cataract operation and the respondents are also ready to take him to the Rajaji Hospital for treatment. 4.Heard the learned counsel on either side and perused the materials available on record. 5. The petitioner requests emergency leave for the convict prisoner for undergoing incision cataract surgery (SICS) with PMMA (complex surgery), this Court is of the opinion that he may be permitted to undergo surgery at Aravind Eye Hospital, Madurai. 6. Taking into consideration the peculiar facts of this case, we are inclined to direct the respondents to grant 3 days emergency leave to the convict prisoner without escort for undergoing cataract surgery, on the following conditions: (i) The convict prisoner namely, K.G.Prem Kumar Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 (convict No.717571), now detained in the Central Prison, Madurai, shall be granted emergency leave for three days from 07.07.2026 to 09.07.2026 without escort. (ii) The convict prisoner shall be released from the prison at 7.00 a.m., on 07.07.2026 and he shall surrender before the prison authority on 10.07.2026 before 11.00 a.m. (iii) The 5th respondent shall monitor and have surveillance at Aravind Eye Hospital, Madurai. (iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. 7. With the above direction, the Writ Petition stands allowed. No costs. [A.D.J.C., J.] [T.V.T.S., J.] 03.07.2026 Index : Yes / No NCC : Yes / No rm Note : Issue Order copy on 06.07.2026 Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 To: 1.The Additional Director General of Police and Inspector General of Prisons, Tamil Nadu Prison Department Egmore Chennai - 600 008. 2. The Deputy Inspector General of Prisons Central Region Madurai. 3. The Superintendent Central Prison Madurai. 4.The Medical Officer Central Prison Hospital Madurai. 5.The Inspector of Police Keerathurai Police Station Madurai District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3485 of 2026 A.D.JAGADISH CHANDIRA, J. AND T.V.THAMILSELVI, J. rm ORDER MADE IN W.P.Crl.(MD)No.3485 of 2026 DATED : 03.07.2026 Page No.7 of 7 https://www.mhc.tn.gov.in/judis