K.Kavitha v. The State of Tamilnadu

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the proceedings of the first respondent made in No.293/Oo.Tha.2/2026, dated 23.03.2026 and for a consequential direction to the respondents to grant 21 days ordinary leave without escort to the petitioner's brother, who is presently confined at the Central Prison, Madurai.

¶2Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

¶3The petitioner's brother is a life convict, who is presently serving sentence at Central Prison, Madurai. He has already undergone sentence for 8 years, 4 months and 10 days. A representation was made by the petitioner seeking 28 days ordinary leave for his brother in order to attend to the ailment of the convict's mother and for arranging funds. The first respondent, through the impugned proceedings dated 23.03.2026, granted 28 days ordinary leave subject to the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present petition.

¶4The learned Additional Public Prosecutor, on instructions, submitted that considering the offence for which, the convict is serving the sentence and taking note of the personal safety of the convict, such a condition was imposed by the first respondent. He further submitted that even on an earlier occasion, when leave was granted to the convict, he was accompanied by an escort.

¶5The learned counsel for the petitioner submitted that the co-accused was granted leave by this Court without escort by an order passed in W.P.Crl.(MD) No.621 of 2025, dated 01.08.2025.

¶6Taking into consideration the facts and circumstances of the case and the submissions made on either side and also taking note of the earlier order passed in W.P.Crl.(MD) No.621 of 2025, dated 01.08.2025, we are inclined to modify the condition imposed by the first respondent to the effect that the convict will report before the 4th respondent Police during the entire ordinary leave period. The other conditions imposed by the first respondent shall remain as they are. We also make it clear that the convict will not give any interview in the print or visual media during the entire ordinary leave period.

¶7This Writ Petition (Criminal) is allowed with the above directions. No costs.

¶8Post this case under the caption for reporting compliance, on

05.06.2026.

[N.A.V., J.] & [K.K.R.K., J.]

22.04.2026 NCC : Yes / No Index : Yes / No Indu To

1.The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai.

2.The Superintendent of Prison, Central Prison, Madurai.

3.The Superintendent of Police, Dindigul District.

4.The Inspector of Police, Sempatti Police Station, Dindigul District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESH,oJ. AND K.K.RAMAKRISHNAN,oJ. Indu W.P.Crl.(MD).No.2349oofo2026

22.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2349 of 2026 K.Kavitha ...... Petitioner Vs. 1.The State of Tamilnadu, Rep by the Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai. 2.The Superintendent of Prison, Central Prison, Madurai. 3.The Superintendent of Police, Dindigul District. 4.The Inspector of Police, Sempatti Police Station, Dindigul District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the order passed by the 1st respondent in No.293/Oo.Tha.2/2026 dated 23.03.2026 and quash the same and consequently directing the 1st and 2nd respondents to grant 21 days ordinary leave without escort to the petitioner's brother namely Madhan @ Micheal, S/o.Murugesan, (PID No. 36649) now confined under the Central Prison, Madurai. For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor