The court upheld the petitioner's valid grounds for emergency leave, modifying the prior order for an extended period without escort.

[Order of the Court was made by N.ANAND VENKATESH, J.]

This Writ Petition has been filed challenging the impugned proceedings of the first respondent made in No.6138/ThaKu.2/2026, dated 03.03.2026 and for a direction to the respondents to grant 15 days emergency leave without police escort to the petitioner's husband, who is a life convict and is undergoing sentence at Central Prison, Madurai.

2. Heard Mr.C.Karthikeyan, learned counsel for the petitioner, and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for the respondents.

3. The petitioner's husband is a life convict and he is undergoing life sentence at Central Prison, Madurai. The petitioner made a representation to the first respondent seeking emergency leave on the ground that their child is facing mental illness and suffering from recurrent episodes of seizure. The health condition of the petitioner's son also turned critical and therefore, the petitioner was advised to admit her son in a speciality hospital for better treatment. The petitioner was not in a position to arrange sufficient money. A medical certificate was also issued in this regard on 09.01.2026.

4. The petitioner sent a representation to the first respondent on

19.01.2026 along with the medical certificate seeking 15 days emergency leave for her husband. On receipt of the same, the first respondent, through the impugned proceedings dated 03.03.2026, granted only 3 days emergency leave with police escort. Aggrieved by the same, the present petition has been filed before this Court.

5. The Additional Public Prosecutor, on instructions, submitted that the detenue has undergone sentence for 3 years, 10 months and 2 days as on 24.03.2026. Apart from that, the detenue also availed emergency leave for three days from 04.02.2026 to 06.02.2026 with police escort. The learned Additional Public Prosecutor further submitted that earlier, ordinary leave was availed by the detenue for 21 days with police escort pursuant to the order passed by this Court in W.P.(MD) No.53 of 2025, dated 25.06.2025.

6. In our considered view, the detenue's son, who is a mentally challenged child, is facing some serious illness and the petitioner, being the wife, is not able to arrange funds to undertake emergency treatment. Therefore, a valid ground has been raised by the petitioner while seeking emergency leave and it is well within the relevant rules to grant emergency leave in a situation like this.

7. The first respondent has granted emergency leave only for a period of three days with police escort and the petitioner is aggrieved by the same.

8. Considering the facts and circumstances of the case, we deem it fit to modify the impugned proceedings of the first respondent, dated 03.03.2026 and issue a direction to the first respondent to grant six days emergency leave without police escort. The detenue can be directed to report before the second respondent Police daily at 6.00 PM during the entire period of emergency leave. Apart from that condition, the detenu is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Madurai, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. The other conditions imposed by the first respondent shall stand as it is.

9. This Writ Petition (Criminal) is disposed of with the above directions. No costs.