Sakthi v. The Home Secretary

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.367/Utha.2/2026 (RO-MDU/367/2026-G2), dated 11.04.2026 and for a consequential direction to the respondents to grant 28 days ordinary leave to the petitioner's husband, who is a life convict, presently serving sentence at Central Prison, Madurai.

¶2Heard the learned counsel for the petitioner and the learned counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

¶3The petitioner's husband is a life convict, presently serving sentence at Central Prison, Madurai. The petitioner submitted a representation seeking for ordinary leave on the ground that she is suffering from health ailments and she requires the physical and emotional support of the convict. This representation came to be rejected by the second respondent through impugned proceedings, dated 11.04.2026 on the ground that there is one pending case against the convict. Aggrieved by the same, the present Writ Petition has been filed before this Court.

¶4The 3rd respondent has filed a counter affidavit and has taken a stand that there is one pending case against the convict.

¶5This Court carefully considered the submissions made on either side and the materials available on record.

¶6The convict has already undergone sentence for more than 9 years and 2 months and till now, has not even availed any leave (Emergency Leave or Ordinary Leave). The petitioner has submitted representation seeking for ordinary leave on the ground that she suffers from health ailments and she requires the physical and emotional support of the convict, who is the husband.

¶7Considering the period of sentence undergone by the convict and considering the reason assigned seeking for ordinary leave, this Court is inclined to grant ordinary leave. Accordingly, the impugned proceedings of the second respondent made in No.367/Utha.2/2026 (RO-MDU/367/2026-G2), dated 11.04.2026 is hereby quashed. There shall be a direction to the second respondent to grant 28 days ordinary leave to the convict, subject to the condition that the convict shall report before M-3, Puzhal Police Station daily at 5:00 PM during the entire period of ordinary leave.

¶8This Writ Petition (Criminal) is allowed with the above directions. No costs.

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

01.06.2026 NCC : Yes / No Index : Yes / No Indu To

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai – 600 009.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai District.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.

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.2588oofo2026

01.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.2588 of 2026 Sakthi ...... Petitioner Vs. 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai – 600 009. 2.The Deputy Inspector General of Prison, Madurai Range, Madurai District. 3.The Superintendent of Prison, Madurai Central Prison, Madurai District. 4.The Inspector of Police, V-4, Rajamangalam Police Station, Chennai. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.367/Utha.2/2026 (RO-MDU/367/2026- G2) issued by the second respondent, dated 11.04.2026 quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's husband Murugan, S/o.Velayutham, PID No.39557, aged 40 presently confined at Madurai Central Prison, Madurai. For Petitioner : Mr.P.Praveen Kumar For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)