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2026 DAILYLAW 48641 (MAD)

Sivakumar v. The Deputy Inspector General of Prison, Madurai

WP Crl.(MD)/3660/2026 · 2026-07-06

A D Jagadish Chandira, R Poornima

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-07-2026 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA WP Crl.(MD)No.3660 of 2026 Sivakumar Petitioner(s) Vs. 1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Department, Madurai Region, Madurai. 2. The Superintendent of Police, Virudhunagar, Virudhunagar District. 3. The Inspector Of Police Keelarajakularaman Police Station, Virudhunagar District. Respondent(s) For Petitioner(s): Mr.S.Srikanth For Respondent(s): Mr.D.Venkatesh, Government Advocate (Crl.Side) Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 1st respondent in No.615/vu.tha.2/2026 dated 14.06.2026 and quash the same and consequently directing the 1st respondent to grant 21 days ordinary leave to the petitioner namely, Sivakumar S/o.Kaliappan (PID No.390562) without escort now confined in Central Prison, Madurai. ORDER (Order of the Court was made by the Hon'ble A.D.Jagadish Chandira, J.) This writ petition has been filed challenging the proceedings of the 1st respondent dated 14.06.2026, wherein the 1st respondent while 21 days ordinary leave has imposed a condition that the petitioner / detenu will be accompanied by an escort. https://www.mhc.tn.gov.in/judis 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. 3. The learned Government Advocate (Crl.Side) on instructions submitted that the ordinary leave was granted with escort, since the detenu is being granted ordinary leave for the first time. 4. The detenu is a life convict and he is undergoing sentence at the Madurai Central Jail. The petitioner made a representation seeking for 21 days ordinary leave on the ground that essential maintenance works will have to be conducted in the house. The 1st respondent, on considering the representation, through the impugned proceedings granted 21 days ordinary leave with a condition that the detenu will be accompanied by an escort. This condition has been put to challenge in this writ petition. 5. In our considered view, considering the reasons for which the ordinary leave has been sought for, we are inclined to modify the condition to the effect that the detenu will be allowed to go on leave without escort and he shall report before the 3rd respondent daily at 06.00 p.m., during the entire ordinary leave period. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of Prison, Madurai Central Jail, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. Further, the petitioner shall not enter into the limits of Kalavasal Village and shall not take any steps to contact the victim. The other conditions imposed by the second respondent shall stand as it is. 6. This Writ Petition (Criminal) is disposed of in the above terms. https://www.mhc.tn.gov.in/judis (A.D.JAGADISH CHANDIRA J.) (R.POORNIMA J.) 06-07-2026 bala To 1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Department, Madurai Region, Madurai. 2. The Superintendent of Police, Virudhunagar, Virudhunagar District. 3. The Inspector Of Police Keelarajakularaman Police Station, Virudhunagar District. https://www.mhc.tn.gov.in/judis A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. bala ORDER MADE IN WP Crl.(MD)No.3660 of 2026 DATED : 06.07.2026 https://www.mhc.tn.gov.in/judis