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2026 Supreme(Online)(Mad) 13849

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI, JJ
Rajammal – Appellant
Versus
The Deputy Inspector General of Prisons and Correctional Services Department, Madurai Range, Madurai – Respondent
W.P.Crl.(MD)No.988 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Srikanth
For the Respondents: Mr.T.Senthil Kumar, Addl. Public Prosecutor

Emergency leave can be granted to convicted prisoners under specific conditions based on individual circumstances.

Headnote:Statute Analysis: The petitioner filed a Writ Petition under Article 226 seeking emergency leave without escort for her son, a convict. Facts: The petitioner's son was convicted for possession of an intermediate quantity of ganja and had already served four years of a five-year sentence. Findings: Considering the convict's background, the court directed the grant of six days emergency leave with escort.

Issues: The court framed the issue regarding the necessity of granting leave to the convict.

Ratio Decidendi: The court reasoned that given the time served and absence of abscondance risk, leave could be granted under specified conditions.

Result: The writ petition was allowed, granting emergency leave for six days with conditions mentioned.

Table of Content
1. emergency leave request by the convict. (Para 1 , 4)
2. arguments regarding leave and prior rejection. (Para 2 , 3)

(By G.R.SWAMINATHAN, J.)

The petitioner seeks emergency leave without escort for her son /

convict (C.P.No.1801, PID No.384453) who is confined in Central Prison, Madurai.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor for the respondents submitted that this Court may dispose of the writ petition with a direction to the second respondent to dispose of the writ petitioner's request.

3.The learned counsel for the petitioner pointed out that when the writ petitioner's subsequent representation dated 03.02.2026 stood rejected vide order 09.02.2026, there is no point in calling upon the second respondent to dispose the petition mentioned representation dated

21.01.2026. We find force in the aforesaid submission.

4.It is seen that the petitioner's son was found in possession of intermediate quantity of ganja and was sentenced to five years rigorous imprisonment. He had already spent four years in prison. Therefore, there is no possibility of abscondance. However, taking into account the convict's background, we direct the second respondent to grant six (6)

days emergency leave for the convict with single escort.

5.The writ petition is allowed on the following conditions:-

(a)The convict-prisoner, Sankar, S/o.Ramu Convict Prisoner (C.P.No.1801, PID No.384453) now detained at Central Prison, Madurai is granted emergency leave for seven (6) days from 26.02.2026 to

03.03.2026 with single escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 25.02.2026 and he shall return to the prison at 10.00 a.m., on 04.03.2026.

(c) The concerned authority is directed to provide single escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(G.R.S. J.,) & (R.K.M. J.,)

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