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2026 DAILYLAW 58368 (MAD)

A.Muthulakshmi v. the homesecretary, home department (prison)

WP Crl.(MD)/3976/2026 · 2026-07-20

A D Jagadish Chandira, R Poornima

Transfer Petitionbody2026

Judgment text

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W.P.Crl(MD)No.3976 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.3976 of 2026 and WMP.Crl(MD)No.973 of 2026 A.Muthulakshmi ... Petitioner vs. 1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai. 2. The Deputy Inspector General of Prisons, Madurai Range, Madurai. 3. The Superintendent of Prison, Central Prison, Palayamkottai. 4. The Inspector of Police, Sivanthipatti Police station, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records Page No.1 of 5 https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3976 of 2026 relating to the proceedings in No.4227/Thaku.2/2026 issued by the 3rd respondent dated 22.04.2026 quash the same and consequently direct the 3rd respondent to grant 6 days emergency leave without escort to the petitioner's brother Madasamy, son of Arumugam, PID No.77178, aged 38, currently confined at Central Prison, Palayamkottai. For Petitioner : M/s.Dr. Lakshmi Prasanna Komara For Respondents: Mr.D.Venkatesh Counsel for State of Tamil Nadu (Crl.Side) O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order dated 22.04.2026 passed by the 3rd respondent granting 6 days emergency leave to the convict prisoner with escort, the petitioner has filed this writ petition to allow the convict prisoner to go on leave without escort. 2. Learned counsel for the petitioner would submit that the convict prisoner's family suffers from poor financial condition and further, the purpose of leave is to admit the ill mother of the convict prisoner in the hospital. Therefore, the convict prisoner will be burdened with escort expenses if he is allowed to go on leave with escort. He would further Page No.2 of 5 https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3976 of 2026 submit that the convict prisoner was earlier granted ordinary leave on two occasions without escort and 6 times emergency leave without escort. Hence, the learned counsel would submit that the convict prisoner may be permitted to go on leave without escort. 3. Taking into consideration the above submission of the learned counsel for the petitioner, we are inclined to modify the condition to the effect that the convict prisoner will be allowed to go on emergency leave as per the impugned order, but without escort and that the petitioner shall report before the 4th respondent police station daily at 06.30 p.m., during the entire leave period. The other conditions imposed in the impugned order dated 22.04.2026 shall stand as it is. 4. This Writ Petition (Criminal) is disposed of in the above terms. Consequently, connected miscellaneous petition is closed [A.D.J.C., J.] [R.P., J.] 20.07.2026 Index : Yes / No Neutral Citation : Yes / No bala Page No.3 of 5 https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3976 of 2026 To: 1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai. 2. The Deputy Inspector General of Prisons, Madurai Range, Madurai. 3. The Superintendent of Prison, Central Prison, Palayamkottai. 4. The Inspector of Police, Sivanthipatti Police station, Tirunelveli District. Page No.4 of 5 https://www.mhc.tn.gov.in/judis W.P.Crl(MD)No.3976 of 2026 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. bala ORDER MADE IN W.P.Crl(MD)No.3976 of 2026 DATED : 20.07.2026 Page No.5 of 5 https://www.mhc.tn.gov.in/judis