Muthukkali 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.1840/ThaKu.2/2026, dated 10.06.2026, and for a direction to the respondents to grant 6 days emergency leave without Police escort to the petitioner's son, who is presently serving his 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 son is a life convict, who is presently undergoing sentence at Central Prison, Madurai. A representation was made by the petitioner stating that he is suffering from chronic kidney disease and that he requires the physical and emotional support of the convict. The representation came to be rejected on the ground that there are four pending cases against the convict. Aggrieved by the same, the present Writ Petition has been filed before this Court.

¶4The learned Counsel for State of TN (Crl.Side), on instructions, submitted that the convict has undergone sentence of 3 years, 9 months and 16 days and that ordinary leave was also granted once. The learned counsel further submitted that all the four pending cases pertain to the year 2017 and that the cases have been pending before the Court since the year 2022.

¶5Taking into consideration the facts and circumstances of the case and considering the reason, for which the emergency leave has been sought for and taking note of the fact that ordinary leave was also granted once to the convict, this Court is inclined to interfere with the impugned proceedings of the first respondent, dated 10.06.2026 and the same is hereby set aside. There shall be a direction to the first respondent to grant 6 days emergency leave to the convict, subject to the condition that he shall report before the second respondent Police daily at 5.00 PM during the entire emergency leave period.

¶6This Writ Petition (Criminal) is allowed with the above directions. No costs.

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

18.06.2026 NCC : Yes / No Index : Yes / No Indu To

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

2.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

3.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.3246oofo2026

18.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3246 of 2026 Muthukkali ...... Petitioner Vs. 1.The Superintendent of Prison, Central Prison, Madurai-625 016. 2.The State of Tamilnadu, Represented by the Inspector of Police, Kamuthi Police Station, Ramanathapuram 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 1st respondent vide his proceedings in No.1840/ThaKu.2/2026, Dated 10.06.2026, and quash the same as illegal and void, consequently grant 6 days emergency leave without Police escort to the petitioner's son Alexpandiyan, S/o.Mookaiyan, PID No.410038, now confined at Central Prison, Madurai forthwith considering the representation dated 03.06.2026. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)