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2026 DAILYLAW 61497 (MAD)

Vijayalakshmi v. The Deputy Inspector of General of Prison,

WP Crl.(MD)/4739/2026 · 2026-08-20

A D Jagadish Chandira, B Murugesan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD) No.4739 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE B.MURUGESAN W.P.Crl.(MD) No.4739 of 2026 Vijayalakshmi ... Petitioner -vs- 1.The Deputy Inspector General of Prison O/o.The Deputy Inspector General of Prison and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road, Madurai 2.The Superintendent of Prison Central Jail, Madurai 3.The Superintendent of Police O/o.The Superintendent of Police Madurai District 4.The Inspector of Police Teppakulam Police Station Madurai District ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 & 2 to grant emergency leave without escort for a period of ten days to the petitioner's brother, namely, Kannan, son of Raj (C.P.No.6099) by considering the petitioner's representation dated 05.08.2026. For Petitioner : Ms.A.Karthika 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.] Prayer in this writ petition is to issue a writ of mandamus directing the respondents 1 & 2 to grant ten days emergency leave without police escort to the petitioner's brother, namely, Kannan, son of Raj (C.P.No. 6099), by considering the petitioner's representation dated 05.08.2026. 2. Today, when the matter is taken up for hearing, learned counsel for State of Tamil Nadu (Criminal Side), who takes notice for the respondents, on instructions, submitted that the representation dated 05.08.2026 submitted by the petitioner has been considered by the second ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 respondent and the petitioner's brother / convict prisoner has been granted six days emergency leave with police escort vide proceedings bearing No. 2601/Tha.Ku.2/2026, dated 19.08.2026 and produced a copy of the said proceedings before this Court to that effect. 3. However, the learned counsel for the petitioner submitted that though the petitioner has sought for ten days emergency leave without police escort on account of the marriage ceremony of the convict prisoner's daughter, the respondents have granted only six days emergency leave that too with a police escort, which will cause hardship to his family members during the marriage ceremony. Further, she would submit that initially, the convict prisoner was sentenced to undergo life imprisonment by the Trial Court, however, the sentence of life imprisonment was modified to ten years of rigorous imprisonment by this Court vide Judgment dated 23.09.2025 in Crl.A.(MD) No.318 of 2022 and he has now undergone almost eight years of imprisonment. Therefore, the learned counsel for the petitioner prays this Court to grant ten days emergency leave without police escort to the convict prisoner. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 4. Taking into consideration the facts and circumstances of the case on hand that the convict prisoner has already undergone almost eight years of imprisonment and that his daughter's marriage is scheduled to be held on 23.08.2026 and further since the presence of police escort will cause embarrassment to his family members during the marriage ceremony, we are inclined to direct the respondents to grant six days emergency leave without police escort to the petitioner's brother / convict prisoner. 5. Accordingly, the writ petition is disposed of with the following directions: (i) The respondents are directed to grant six days emergency leave to the petitioner's husband, namely, Kannan, son of Raj (C.P.No.6099), without police escort. (ii) During the said leave period, he shall report before the fourth respondent / Inspector of Police, Teppakulam Police Station, Madurai District, daily at 06.30 p.m., without fail. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 (iii) He shall report back to the Superintendent of Prison, Central Prison, Madurai / second respondent, on completion of the leave period, without fail. (iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities. (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities (vii) No costs. [A.D.J.C., J.] [B.M., J.] 20.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No Note to Office: Issue order copy today. krk ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 To: 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai. 2.The Superintendent of Prison, Central Jail, Madurai. 3.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District. 4.The Inspector of Police, Teppakulam Police Station, Madurai District. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4739 of 2026 A.D.JAGADISH CHANDIRA, J. AND B.MURUGESAN, J. krk W.P.Crl.(MD) No.4739 of 2026 20.08.2026 ____________ https://www.mhc.tn.gov.in/judis