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2088 DAILYLAW 2 (MAD)

Mageshwari v. The State represented by its

WP Crl.(MD)/2088/2026 · 2026-04-15

K K Ramakrishnan, N Anand Venkatesh

Transfer Petitionbody2088

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.CRl..(MD).No.2088 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2088 of 2026 Mageshwari ...... Petitioner Vs. 1.The State Represented by The Secretary to Government of Tamil Nadu, Home (Prison IV) Department, Secretariat of Tamil Nadu, Chennai - 600 009. 2.The Deputy Inspector of General Prison, Trichy Range, Central Prison Trichy, Trichy - 620 020. 3.The Superintendent, Central Prison Trichy, Trichy-620 020. 4.The Superintendent of Police, Office of Superintendent of Police, Trichy - 620 020. 5.The Inspector of Police, E4 Police Station, Thillai Nagar, Trichy - 620 018. ...... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.2088 of 2026 Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order bearing No.RO.TRY/663/2025.CA, dated 06.03.2026 passed by the 2nd respondent and quash the same and consequently direct the respondents to grant ordinary leave of 30 days without escorts to the detenue Pandiyarajan, S/o.Annadurai, aged about 29 years, Convict No.23829, confined at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the impugned proceedings of the second respondent made in No.RO.TRY/663/2025.CA, dated 06.03.2026 and for a consequential direction to the respondents to grant ordinary leave for 30 days without escort to the detenue, who is a life convict, presently serving the sentence at Central Prison, Trichy. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.2088 of 2026 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3. On carefully going through the impugned proceedings of the second respondent, dated 06.03.2026, it is seen that the ordinary leave was sought for on the ground that the detenue has to make financial arrangements to settle the debts and also to get his two sisters married. The second respondent, based on the report received from the Probation Officer, came to the conclusion that there were no materials to show that effective steps are being taken to get the sisters married. 4. When the matter was taken up for hearing, the learned Additional Public Prosecutor produced the report of the Probation Officer. On going through the report, it is seen that the detenue has served sentence for more than 4 years, 7 months and 5 days. It is also seen that the detenue has gone on ordinary leave based on the order passed by this Court. The only ground that has been put against the detenue is that there were no materials to substantiate the fact that effective steps are being taken to get the sisters married. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.2088 of 2026 5. In our considered view, the main reason for which, the ordinary leave was sought for, is to make financial arrangements for clearing his debts and also for arranging the marriage of the sisters. Such a ground is available under the Tamil Nadu Prison Manual. Apart from that, the Court also takes into consideration the fact that the detenue was granted ordinary leave earlier and had complied with the conditions and nothing untoward took place. Therefore, we are inclined to interfere with the impugned proceedings of the second respondent, dated 06.03.2026. 6. In the result, the impugned proceedings of the second respondent, dated 06.03.2026, is hereby set aside and there shall be a direction to the second respondent to grant 21 days ordinary leave without escort by imposing a condition that the detenue will report before the 5th respondent daily at 6.00 PM during the entire period of ordinary leave. Apart from that condition, the detenu is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Trichy and two sureties shall be the family members of the detenu. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.2088 of 2026 7. This Writ Petition (Criminal) is allowed with the above directions. No costs. [N.A.V., J.] & [K.K.R.K., J.] 15.04.2026 NCC : Yes / No Index : Yes / No Indu To 1.The Secretary to Government of Tamil Nadu, Home (Prison IV) Department, Secretariat of Tamil Nadu, Chennai - 600 009. 2.The Deputy Inspector of General Prison, Trichy Range, Central Prison Trichy, Trichy - 620 020. 3.The Superintendent, Central Prison Trichy, Trichy-620 020. 4.The Superintendent of Police, Office of Superintendent of Police, Trichy - 620 020. 5.The Inspector of Police, E4 Police Station, Thillai Nagar, Trichy - 620 018. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.CRl..(MD).No.2088 of 2026 N.ANAND VENKATESH, J. AND K.K.RAMAKRISHNAN, J. Indu W.P.Crl.(MD).No.2088 of 2026 15.04.2026 ____________ https://www.mhc.tn.gov.in/judis