Eswari v. The Deputy Inspector General of Prison,

ORDER (Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Writ Petition has been filed challenging the order passed by the second respondent, dated 29.04.2026, rejecting the request made by the petitioner seeking three days emergency leave for her son.

2.The petitioner's son is a convict in Spl. S.C. No.58 of 2022 on the file of the Third Additional District and Sessions Court, Madurai, for the offences punishable under Section 302 IPC read with Section 3(2)(va) of the SC/ST Act and Section 120(B) IPC. The petitioner, being the mother of the convict, applied for emergency leave for her son to attend the ear-piercing ceremony of the convict's daughter, scheduled to be held on 31.05.2026. However, the said request for emergency leave was rejected by the second respondent.

3.The learned counsel appearing for the petitioner submitted that the ear-piercing ceremony of the convict's daughter is fixed on 31.05.2026 and that the presence of the petitioner's son is necessary for the said function.

4.Considering the facts and circumstances of the case, this Court is inclined to grant emergency leave for three days, i.e., from

30.05.2026 to 01.06.2026, to the convict to attend the ear-piercing ceremony of his daughter.

5.In view of the above, the order passed by the second respondent, dated 29.04.2026, is set aside and the Writ Petition is allowed. The second respondent is directed to grant three days emergency leave, i.e., from 30.05.2026 to 01.06.2026, without escort, subject to the following conditions:

(i) The convict shall report before the Inspector of Police, Silaiman Police Station, Madurai District, daily at 10.30 a.m. and

05.30 p.m. during the period of leave; and

(ii) The Inspector of Police, Silaiman Police Station, Madurai District, shall ensure that the convict surrenders before the second respondent immediately upon completion of the period of emergency leave. [G.K.I.J.,] & [K.R.S.J.,] NCC : Yes/No

13.05.2026 Index : Yes/No ps To

1.Deputy Inspector General of Prison, O/o.Deputy Inspector General of Prison, Madurai Range, Madurai.

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

3.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

4.The Inspector of Police, Silaiman Police Station, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN, J. AND

K.RAJASEKAR, J. ps

13.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.05.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Eswari ... Petitioner Vs. 1.Deputy Inspector General of Prison, O/o.Deputy Inspector General of Prison, Madurai Range, Madurai. 2.The Superintendent of Prison, Madurai District Prison, Madurai. 3.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District. 4.The Inspector of Police, Silaiman Police Station, Madurai District. (Crime No.537 of 2021). ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in his proceedings No.5628/T.K.2/2026 dated 29.04.2026, quash the same as illegal, arbitrary and against natural justice and consequently direct the respondents 1 to 4 to provide emergency leave for three days from 30.05.2026 to 01.06.2026 to the petitioner's son Ajith, S/o.Muurgan, aged about 30 years (L.C.P.No.389498) to attend the ear piercing ceremony of the petitioner's son's daughter namely A.Nathanya. For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor