Emergency leave can be granted to a convict under specific valid grounds despite ongoing trials.

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD) No.1147 of 2026 J.Rani ... Petitioner -vs-

1. The Superintendent of Prison Central Prison, Madurai

2. The Inspector of Police Uthamalapalayam Police Station Theni District ..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 first respondent vide his proceedings in No. 615/Tha.ku.2/2026 dated 24.02.2026 and quash the same as illegal and void and consequently grant 15 days emergency leave without police escort to the petitioner's husband Jayakumar, S/o.Churchill, PID No.120841 confined in Central Prison, Madurai forthwith considering her representation dated

16.02.2026 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.615/Tha.ku.2/2026 dated 24.02.2026 and direct the first respondent to grant 15 days emergency leave without police escort to the petitioner's husband Jayakumar, S/o.Churchill, PID No.120841 confined in Central Prison, Madurai forthwith considering her representation dated

16.02.2026

2. It is the case of the petitioner that her husband was convicted by the Fast Track Sessions Mahila Court, Theni in S.C. No.72 of 2023 dated 10.01.2024. While being so, the petitioner being wife of the convict submitted representation seeking 15 days emergency leave for her husband on the ground that she fell ill, and she requires the assistance of her husband during treatment, however it was rejected on the ground that the convict is facing trial in another case in S.C.No.54 of 2024 on the file of the Sub Court, Uthamapalayam.

3. A perusal of the record and the submissions made by the learned Additional Public Prosecutor reveals that the petitioner had applied for only emergency leave. The convict who is facing trial in another case is not eligible for ordinary leave. However he is eligible for emergency leave on valid grounds. A perusal of record reveals that the petitioner fell ill and as such she requires financial assistance.

4. Considering the illness suffered by the wife of the convict this Court is inclined to grant six days emergency leave without escort to convict

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 six days emergency leave without escort to the convict prisoner namely, Jayakumar, S/o.Churchill, PID No.120841 confined in Central Prison, Madurai from 28.02.2026 to 05.03.2026. The convict prisoner shall be released from the prison on 28.02.2026 at 6.00 am., (ii) He shall report back to the Superintendent of Prison, Central Jail,Madurai / first respondent, by 05.03.2026 at 6.00pm.., (iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) The convict shall report before the second respondent daily at 5.30 pm., till the completion of leave period.

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