T.Lavanya v. The Superintendent of Prison,

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.280707/ThaKu.4/2026 dated 19.04.2026 and for a consequential direction to the first respondent to grant six days emergency leave without police escort to the petitioner's brother, who is presently serving sentence at Central Prison, Trichy.

¶2Heard the learned counsel on either side.

¶3The case of the petitioner is that her brother is undergoing imprisonment at Central Prison, Trichy, after having been convicted for the offence under the POCSO Act. The sister of the convict was facing serious ailment and she required the physical and moral support of the convict. Therefore, a representation was made seeking for grant of six days emergency leave.

¶5A representation made by the petitioner came to be rejected by the first respondent through the impugned proceedings dated 19.04.2026 on the basis of the report received from the Probation Officer to the effect that the convict's sister is hale and healthy and the petitioner has given birth to a child and the convict wants to visit the child and that is not a ground for granting emergency leave.

¶6We have carefully gone through the medical certificate that was relied upon by the learned counsel appearing for the petitioner and it is seen that the sister of the convict is suffering from serious illness. Therefore, she requires the physical and emotional support of the convict.

¶7In view of the above, the impugned proceedings of the first respondent made in No. 280707/ThaKu.4/2026, dated 19.04.2026, is hereby set aside. There shall be a direction to the first respondent to grant six days emergency leave to the convict subject to the condition that he will report before the third respondent daily at 06.00 p.m., during the entire period of emergency leave. Apart from that condition, the convict is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Trichy, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the convict. The other conditions imposed by the first respondent shall stand as it is.

¶8This Writ Petition (Criminal) is disposed in the above terms.

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

30.04.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1.The Superintendent of Prison, Central Prison, Trichy - 620 020.

2.The Superintendent of Police, O/o. the Superintendent of Police, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESHo,oJ. AND oK.K.RAMAKRISHNAN,oJoo. TSG W.P.Crl.(MD).No.2467oofo2026

30.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2467 of 2026 T.Lavanya ....... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Trichy - 620 020. 2.The Superintendent of Police, O/o. the Superintendent of Police, Trichy District. 3.The Inspector of Police, Musiri Police Station, Trichy District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent vide proceedings in No. 280707/ThaKu.4/2026 dated 19.04.2026 and quash the same as illegal and Consequently direct the first respondent to grant six days emergency leave without police escort to the petitioner's brother, namely, Sathish Kumar, S/o.Murugesan, aged about 26 years, convict prisoner, PID No.280707 confined at Central Prison, Trichy. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor