R.Santhi 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 condition imposed by the first respondent in Proceedings in No. 1547/ThaKu.2/2026 dated

19.05.2026, wherein, the first respondent while granting three days emergency leave has imposed a condition that the convict will be accompanied by an escort.

¶2Heard the learned counsel on either side.

¶3The petitioner is the wife of the convict. The convict was convicted for offence under the POCSO Act. A representation was made by the petitioner on the ground that the petitioner is suffering from serious health issues and she required the physical and emotional support of the convict.

¶4The first respondent while dealing with the representation granted three days emergency leave by imposing a condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present writ petition.

¶5The learned counsel for the State of Tamil Nadu (Criminal Side) submitted that the convict has undergone sentence only for a period of two months and this is the first time, emergency leave has been granted. Apart from that, the interest of the victim girl was also taken into consideration and therefore, the first respondent thought it fit to impose a condition to the effect that the convict will be accompanied by an escort.

¶6Taking into consideration the reason for which the emergency leave has been sought for and granted and also considering the interest of the victim girl, we are inclined to modify the condition to the effect that the convict will report before the second respondent daily at 05.00 p.m., during the entire period of emergency leave. The other conditions imposed by the first respondent shall stand as it is.

¶7This Writ Petition (Criminal) is disposed of in the above terms.

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

01.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1.The Superintendent of Prison, Central Prison, Madurai-625 016.

2.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

3.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.2855oofo2026

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.2855 of 2026 R.Santhi ....... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Madurai-625 016. 2.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District. ...... 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 Impugned Order passed by the first respondent vide his Proceedings in No. 1547/ThaKu.2/2026 dated 19.05.2026 and quash the same as illegal and void, consequently grant 15 days emergency leave without police escort to Ramakrishnan, S/o Ramalingam, PID No.468423, now confined at Central Prison, Madurai forthwith considering representation dated 21.04.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu, (Criminal Side)