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W.P.Crl.(MD) No.438 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30/01/2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

AND

THE HONOURABLE MS.JUSTICE R. POORNIMA

W.P.Crl.(MD) No.438 of 2026

and

W.M.P.Crl.(MD)No.122 of 2026

Umagandhi ... Petitioner

-vs-

1.The State of Tamil Nadu,

rep. by its Principal Secretary to Government,

Home Prohibition and Excise (Prison-IV) Department,

Fort St. George,

Chennai-600 009.

2.The Inspector General of Prisons

O/o.Prison Department Headquarters

Whannels Road,

Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons,

Trichy Range,

Race Course Road,

Trichy-620 023.

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W.P.Crl.(MD) No.438 of 2026

4.The Superintendent of Prisons,

Central Prison,

Trichy-620 020.

5.The Commissioner of Police,

City Police Office,

Pudukkottai Main Road,

Trichy-620 020. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a

writ of Certiorarified Mandamus, calling for the records relating to the impugned

order passed by the third respondent vide proceeding in No.RO-TRY/547/2025-

CA, dated 16.10.2025 and quash the same as illegal and void, consequently grant

21 days ordinary leave without escort to the petitioner's husband A.K.Subbu @

K.Subramanian, S/o.Krishnasamy (Convict Prisoner No.23386, P.I.D.No.235504)

confined at Central Prison, Trichy forthwith considering the representation dated

03.09.2025.

For Petitioner : Mr.C.Karthikeyan

For R1 to R5 : Mr.T.Senthil Kumar

Additional Public Prosecutor

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W.P.Crl.(MD) No.438 of 2026

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

This writ petition has been filed challenging the order passed by the third

respondent, dated 16.10.2025, thereby, rejecting the request made by the

petitioner seeking 21 days emergency leave to her husband without police escort.

2. The petitioner's husband is convicted for the offence punishable under

Sections 120-B r/w 182, 471, 420 r/w 511 of IPC and sentenced him to undergo

five year rigorous imprisonment in C.C.No.1 of 2016, on the file of the Chief

Judicial Magistrate, Tiruchirappalli. Aggrieved by the same, the petitioner's

husband has filed an appeal before the Mahila Court and the same was confirmed

by learned Mahila Judge. Aggrieved over the same, the petitioner's husband filed

a Criminal Revision before this Court in Crl.R.C(MD)No.840 of 2023. This

Court by an order dated 12.12.2024 partly allowed the revision. While being so,

the petitioner, who is the wife of the convict filed an application seeking 21 days

ordinary leave for 21 days for her husband on the ground that he is suffering from

heart ailments. However, the said request was rejected by the third respondent

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W.P.Crl.(MD) No.438 of 2026

on the ground that the convict is also facing four other cases, which are also

charged for the same offence. On an earlier occasion also the petitioner's request

of seeking ordinary leave was rejected and the same was challenged before this

Court in W.P(MD)No.17979 of 2024. This Court by an order dated 14.08.2024 set

aside the rejection order and granted leave for 15 days.

4. The learned Additional Public Prosecutor appearing for the respondents

would submit that the petitioner's husband is having four other previous cases and

on that ground alone the third respondent has rightly rejected the request of the

petitioner.

5.Taking into consideration the request of the petitioner and also

considering the illness of the convict, this Court is inclined to direct the third

respondent to grant 10 days ordinary leave to the petitioner's husband without

escort.

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W.P.Crl.(MD) No.438 of 2026

6. In the result,

(i) The writ peti

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