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2026 DAILYLAW 46700 (MAD)

Melrose v. The Deputy Inspector General (Prisons)

WP Crl.(MD)/3734/2026 · 2026-07-08

A D Jagadish Chandira, R Poornima

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl(MD)No.3734 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.3734 of 2026 and WMP Crl(MD) No.918 of 2026 Melrose ... Petitioner -Vs- 1.The Deputy Inspector General (Prisons) Madurai Range, O/o. The Deputy Inspector General (Prisons) Central Jail, Arasaradi Madurai- 625 016 2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. 3.The Superintendent of Police, Kanyakumari District at Nagercoil, Kanyakumari District 4. The Inspector of Police, Nithiravilai Police Station Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in connection with ____________ https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3734 of 2026 impugned order No.Thaku.2/2026 dated 25.03.2026 passed by the first respondent and quash the same and consequently direct the first respondent to grant six days emergency leave with single escort to the petitioner's husband namely Joklin, S/o.Berkmans, Convict Prisoner (PID No.462497) now confined at Central Prison, Palayamkotai in light of the petitioner's various health ailments based on the petitioner's representation dated 05.03.2026 and for other reliefs. For Petitioner : Mr.V.Baskaran For Respondents : Mr.D.Venkatesh Counsel for the State of Tamil Nadu(Crl.Side) ORDER (Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This writ petition has been filed to quash the impugned order passed by the first respondent in No.Thaku.2/2026 dated 25.03.2026 and consequently direct the first respondent to grant six days emergency leave with single escort to the petitioner's husband namely Joklin, S/o.Berkmans, Convict Prisoner (PID No. 462497) now confined at Central Prison, Palayamkotai in light of the petitioner's various health ailments based on the petitioner's representation dated 05.03.2026 and for other reliefs. 2.Heard the learned counsel appearing for the petitioner and the learned Counsel for the State of Tamil Nadu(Crl.Side) appearing for the respondents. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3734 of 2026 3. The learned counsel appearing for the petitioner would submit that though the representation of the petitioner has been considered, since the petitioner and her family members are on the verge of poverty, the convict prisoner may be permitted to go on leave with a single escort. 4.When the matter is taken up for hearing today, the learned Counsel for the State of Tamil Nadu(Crl.Side) appearing for the respondents, on instructions, submitted that the representation of the petitioner has been considered and emergency leave has been granted to the convict prisoner for 6 days with escort. 5.Taking into consideration of the submission made by the learned Counsel for the State of Tamil Nadu(Crl.Side)and considering that the purpose for which presence of the convict prisoner is required is for attending to the serious illness of his wife, we are inclined to direct the respondents to grant 6 days emergency leave to the petitioner's husband, with a single escort. 6.Accordingly the respondents are directed to grant emergency leave to the petitioner's husband namely Joklin, S/o.Berkmans, Convict Prisoner (PID No. 462497) now confined at Central Prison, Palayamkotai for 6 days with a single escort. The escort charges shall be borne by the petitioner and if necessary, the same ____________ https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3734 of 2026 shall be adjusted from the income earned by the convict prisoner during the imprisonment period. 7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. [A.D.J.C., J.] & [R.P., J.] 08.07.2026 NCC : Yes / No Index : Yes / No aav Note:Issue order copy on 08.07.2026 To 1.The Deputy Inspector General (Prisons) Madurai Range, O/o. The Deputy Inspector General (Prisons) Central Jail, Arasaradi Madurai- 625 016 2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. 3.The Superintendent of Police, Kanyakumari District at Nagercoil, Kanyakumari District ____________ https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3734 of 2026 4. The Inspector of Police, Nithiravilai Police Station Kanyakumari District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3734 of 2026 A.D.JAGADISH CHANDIRA , J. AND R.POORNIMA , J. aav W.P.Crl(MD)No.3734 of 2026 08.07.2026 ____________ https://www.mhc.tn.gov.in/judis