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.3673 of 2026 Bharathi Petitioner(s) Vs.
1. The Superintendent of Prison, Central Prison, Madurai.
2. The Superintendent of Police, Theni District.
3. The Inspector of Police, Bodi Taluk Police Station, Theni District. Respondent(s) For Petitioner(s): Mr.S.Srikanth For Respondent(s): Mr.D.Venkatesh Counsel for State of Tamilnadu (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.1654/ThaKu.2/2026 dated 29.05.2026 and quash the same and consequently directing the 1st respondent to grant 15 days emergency leave to the petitioner's husband namely, Rajesh S/o.Pandi convict prisoner (PID No.303159) now confined under Central Prison, Madurai.
ORDER (Order of the Court was made by the Hon'ble A.D.Jagadish Chandira, J.) Challenging the rejection order passed by the 1st respondent in No.1654/ThaKu.2/2026 dated 29.05.2026, this writ petition has been filed to quash the same with a consequential direction to the 1st respondent to grant 15 days emergency leave to the petitioner's husband https://www.mhc.tn.gov.in/judis
namely, Rajesh S/o.Pandi convict prisoner (PID No.303159) now confined in the Central Prison, Madurai.
2. Learned Government Advocate (Crl.Side) would submit that the petitioner seeks emergency leave for 15 days to her husband / convict prisoner on the ground that to carry out renovation work, her husband's presence is required to arrange funds. However, as per Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, only to attend the funeral of the blood relatives, to visit the relatives who are in death-bed or serious condition and to attend the marriages of their sibling and children, emergency leave can be granted. He would further submit that the convict prisoner has also got two pending cases and therefore, he is not entitled to emergency leave. Thus, the learned Government Advocate (Crl.Side) would submit that the impugned order does not require any interference.
3. As rightly contended by the learned Government Advocate (Crl.Side), the reason for seeking emergency leave namely, to carry out renovation work and to arrange fund therefor, does not find place in the Tamil Nadu Suspension of Sentence Rules. The 1st respondent has rightly rejected the request of the petitioner. Thus, we do not find any merits in this writ petition. However, if the convict prisoner agrees, the salary credited in his account, can be transferred to the petitioner's account.
4. The Writ Petition(Criminal) is disposed of accordingly.
(A.D.JAGADISH CHANDIRA J.) (R.POORNIMA J.) 06-07-2026 bala https://www.mhc.tn.gov.in/judis
To
1. The Superintendent of Prison, Central Prison, Madurai.
2. The Superintendent of Police, Theni District.
3. The Inspector of Police, Bodi Taluk Police Station, Theni 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.3673 of 2026 DATED : 06.07.2026 https://www.mhc.tn.gov.in/judis