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W.P.Crl.(MD) No.532 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

and

THE HONOURABLE MS.JUSTICE R.POORNIMA

W.P.Crl.(MD) No.532 of 2026

Poongudi ... Petitioner

-vs-

1. The Superintendent of Prison

Central Prison,

Madurai- 625 016

2. The Inspector of Police

Sellur Police Station,

Madurai- 625 002

3. The Inspector of Police

NIB CID Police Station,

Madurai District

Crime No.13 of 2020 ..Respondents

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

a writ of Certiorarified mandamus calling for the records to the impugned order

passed by the first respondent vide his proceedings in No.308/Tha.ku.2/2026

dated 28.01.2026 and consequently grant 10 days emergency leave without

police escort to the petitioner's husband Udhayakumar, S/o.Muniyandi,PID No.

239944 confined at Central Prison, Madurai forthwith considering the

petitioner's representation dated 24.01.2026

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W.P.Crl.(MD) No.532 of 2026

For Petitioner : Mr.C.Karthikeyan

For Respondents : Mr.T.Senthil Kumar

Additional Public Prosecutor

O R D E R

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

The prayer in the petition is to quash the impugned order passed by the

first respondent in No.308/Tha.ku.2/2026 dated 28.01.2026 and direct the first

respondent to grant 10 days emergency leave without police escort to the

petitioner's husband Udhayakumar, S/o.Muniyandi,PID No.239944 confined at

Central Prison, Madurai forthwith considering the petitioner's representation

dated 24.01.2026

2. It is the case of the petitioner that her husband was convicted by

the I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.155 of

2020 on 29.08.2022 for the offences under Section 8(c)r/w.20(b)(ii)(C) of

NDPS Act and sentenced to undergo ten years rigorous, which was also

confirmed by this Court in Crl.A(MD) No.277 of 2023. While being so, the

petitioner's mother-in-law is suffering from heart ailments and as such the

petitioner has sought for 10 days emergency leave for her husband , however

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W.P.Crl.(MD) No.532 of 2026

the same was rejected on the ground that the husband of the petitioner was

convicted under NDPS Act and he is also facing trial in another case under

Section 392 of IPC in C.C.No.77 of 2017.

3. On perusal of records it is seen that the petitioner's mother-in-

law is suffering from heart ailment and bed ridden and for the very same relief

earlier also emergency leave was granted to the convict.

4.. Considering the fact and circumstances, this Court is inclined to

grant five days emergency leave with two escorts.

5. Accordingly, the impugned order passed by the first respondent is

set aside and writ petition is disposed of with the following directions:

(i) The respondents are directed to grant five days

emergency leave with two escorts to the convict

prisoner namely, Udhayakumar, S/o.Muniyandi,PID

No.239944 confined at Central Prison, Madurai from

06.02.2026 to 10.02.2026. The convict prisoner shall

be released from the prison on 06.02.2026 at 9.00a.m.,

(ii) He shall report back to the Superintendent of Prison,

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W.P.Crl.(MD) No.532 of 2026

Central Jail, Madurai / first respondent, by 10.02.2026

at 6.00 pm.,.,

(iii) The escort charges shall be borne by the petitioner and

if necessary, the same shall be adjusted from the

income earned by the convict prisoner during the

imprisonment period.

(iv) The petitioner shall produce all necessary documents,

along with a copy of this order, before the jail

authorities,

(v) During the leave period, the convict prisoner shall

abide by all the conditions prescribed in the Jail

Manual.

[G.K.I., J.] [R.P., J.]

03.02.2026

NCC : Yes / No

Index : Yes / No

Internet : Yes / No

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Note: Issue order co