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2026 DAILYLAW 61376 (MAD)

Vasantha v. The State Rep by The Superintendent

WP Crl./2128/2026 · 2026-08-21

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 2128 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 2128 of 2026 and WPMP Crl. No.770 of 2026 Vasantha W/o.Yusoof, No.16/27, Hanumantharayan Koil Street, Otteri, Chennai - 600 012. ..Petitioner/Mother of the convict Vs The State Rep by The Superintendent Central Prison Puzhal -I, Chennai - 600 066. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India, praying to issue Writ or order or orders or direction particularly in the nature of Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order bearing No.CP-PU1/341/2026-R2, dated 13.02.2026 passed by the 1st Respondent and Quash the same and consecutively direct the respondent to grant emergency leave for 3 days without escort to the detenue Salim S/o.Yusuf, Aged about 37 years convict No.44891, detained at Central Prison, Puzhal -I, Chennai as without escort. https://www.mhc.tn.gov.in/judis WP Crl. No. 2128 of 2026 __________ For Petitioner(s): Ms.P.Divya For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamilnadu (Crl. Side) ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the convict-Salim, S/o.Yusuf, aged about 37 years [convict No.44891], who is now confined at Central Prison, Puzhal -I, Chennai, aggrieved by the grant of three days Emergency Leave with escort, has preferred the above writ petition. 2. The learned counsel for the petitioner would submit that the impugned order insofar as it provides for escort is liable to be set aside and that this Court had earlier granted leave to the convict without escort and nothing untoward was reported. 3. The learned counsel for Government of Tamilnadu (Crl.Side) confirms the fact that when the convict was released earlier on Ordinary Leave without escort, nothing untoward had been reported. https://www.mhc.tn.gov.in/judis WP Crl. No. 2128 of 2026 __________ 4. By the impugned order, the respondent had granted three days Emergency Leave finding the reason stated, viz., that the mother of the petitioner is sick, to be true. The petitioner was earlier granted 28 days Ordinary Leave by an order of this Court dated 24.03.2026 in WP (Crl.) No.507 of 2025 without escort and admittedly, nothing untoward was reported during the period of leave. Hence, we are of the view that the respondent is not justified in requiring escort. Therefore, the impugned order to that extent is modified and the respondent is directed to grant three days Emergency Leave to the convict without escort, commencing from 24.08.2026. 5. With the above direction, the writ petition stands allowed. Consequently, the connected writ miscellaneous petition is closed. (A.S.M.,J.) (S.M.,J.) 21-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Issue order copy today. ars https://www.mhc.tn.gov.in/judis WP Crl. No. 2128 of 2026 __________ DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. ars To 1. The Superintendent, Central Prison Puzhal -I, Chennai - 600 066. 2. The Public Prosecutor, High Court, Madras. WP Crl. No. 2128 of 2026 21-08-2026 https://www.mhc.tn.gov.in/judis