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2026 DAILYLAW 58035 (MAD)

Bhuvaneshwari v. The State Represented by its

WP Crl./1480/2026 · 2026-07-31

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

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WP Crl. No. 1480 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1480 of 2026 Bhuvaneshwari ..Petitioner(s) Vs The State represented by its, 1. The Deputy Inspector General of Prison, Central Prison, Coimbatore, Coimbatore Range, Coimbatore - 641 013. 2. The Superintendent, Central Prison, Salem, Salem - 637 007. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, to modify the escort condition in the order passed by this Court in WP Crl No.942 of 2026, dated 04-06-2026 to the detenu, Nagarajan S/o. Maariappan aged about 58 years, PID No.35770, detained at Central Prison, Salem, as without escort. For Petitioner(s): Mr.S. Mohamed Sahith Ali For Respondent(s): Mr. C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side) https://www.mhc.tn.gov.in/judis WP Crl. No. 1480 of 2026 __________ Page2 of 5 ORDER (Order of the Court was made by Sunder Mohan J.) The Writ Petition has been filed by the wife of the convict prisoner Nagarajan, S/o.Maariappan, aged about 58 years [PID No.35770], seeking modification of a condition imposed by this Court in WP Crl.No.942/2026 to provide escort, while granting 40 days ordinary leave to the convict prisoner. 2. The learned counsel for the petitioner would submit that the petitioner was earlier granted leave without escort by the orders of this Court; that no untoward incident has been reported; that therefore, the police report apprehending a law and order problem, is without any basis and prayed for ordinary leave without escort. 3.Heard the learned counsel for Government of Tamil Nadu (Criminal Side) for the respondents, who has no serious objection for grant of leave without escort. https://www.mhc.tn.gov.in/judis WP Crl. No. 1480 of 2026 __________ Page3 of 5 4.The petitioner, admittedly, has been in custody for nearly 24 years. He has been granted leave twice by this Court without escort. There were no complaints when he had gone on leave without escort earlier. Though in our earlier order we had accepted the police report and directed grant of leave with escort, considering the stand taken by the respondents now and since nothing untoward had happened when the convict was released earlier, we are inclined to grant 40 days ordinary leave to the convict prisoner without escort, commencing from 04.08.2026 on the following conditions; (i) The respondents are directed to release the convict viz., Nagarajan S/o. Maariappan, aged about 58 years, PID No.35770 confined at Central Prison, Salem, on ordinary leave without escort, for a period of Forty (40) days i.e., from 04.08.2026 to 12.09.2026. (ii) The convict shall be released on 04.08.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Salem, on 13.09.2026 before 10.00 A.M. https://www.mhc.tn.gov.in/judis WP Crl. No. 1480 of 2026 __________ Page4 of 5 (iii) The convict shall report before the jurisdictional police i.e., Mettur Police Station, Salem, daily at 10.30 a.m., during the period of leave, except the date of release and surrender. (iv) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual. (A.S.M.,J.) (S.M.,J.) 31-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG Note: Issue order copy on 31.07.2026 To 1. The Deputy Inspector General of Prison, Central Prison, Coimbatore, Coimbatore Range, Coimbatore - 641 013. 2. The Superintendent, Central Prison, Salem, Salem - 637 007. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 1480 of 2026 __________ Page5 of 5 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. TSG WP Crl. No. 1480 of 2026 31-07-2026 https://www.mhc.tn.gov.in/judis