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2026 Supreme(Online)(Mad) 41647
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, K. Rajasekar, JJ
V.Bhavani – Appellant
Versus
The Superintendent of Prison, Central Prison Madurai – Respondent
W.P.Crl.(MD) No.2762 of 2026
For the Appellants/Petitioners: Mr.C.Karthikeyasn
For the Respondents: Mr.R.M.Anbunithi Additional Public Prosecutor
Emergency prison leave can be granted without police escort where financial inability is shown.
Headnote:1. Statute Analysis: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash an order of the prison superintendent. Facts of the Case: Petitioner seeks emergency leave of 6 days for her father, who is serving life imprisonment, citing inability to afford police escort. The original order granted leave with escort, which the petitioner challenged.
Findings of Court:
The Court found merit in the petitioner's claim due to financial constraints. 2.
Issues: Court considered whether to modify the conditions of leave.
Ratio Decidendi: The Court held that the escort requirement can be modified in appropriate cases, particularly where financial hardship is demonstrated. 3.
Result: The order directing escort is quashed and the writ petition is disposed of allowing emergency leave without escort.
| Table of Content |
|---|
| 1. prayer seeks quashing of escort requirement for emergency leave. (Para 1) |
| 2. background of convicts life sentence and finanical inability to afford escort. (Para 2) |
| 3. writ petition disposed allowing leave without escort. (Para 4) |
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.Crl.(MD) No.2762 of 2026 V.Bhavani ... Petitioner -vs-
1. The Superintendent of Prison, Central Prison Madurai 625 016.
2.The Inspector Of Police Kenikkarai Police Station Ramanathapuram 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 1st respondent vide his proceedings in No. 941/Tha.Ku.2/2026, dated 11.05.2026 and Quash the same as illegal and void, consequently grant 6 days emergency leave without police escort to the petitioner's father Veersamy , S/o. Muthirulandi, PID No.205558 (CP No.6067) lodged at Central Prison, Madurai,forthwith considering the representation dated 11.03.2026 For Petitioner : Mr.C.Karthikeyasn For Respondents : Mr.R.M.Anbunithi 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.941/Tha.Ku.2/2026, dated 11.05.2026 and to grant 6 days emergency leave without police escort to the petitioner's father Veersamy , S/o. Muthirulandi, PID No.205558 (CP No.6067) lodged at Central Prison, Madurai,forthwith considering the representation dated 11.03.2026 2. It is the case of the petitioner that her father convicted by the Principal Sessions Court, Ramanathapuram in S.C.No.05 of 2019 dated 22.09.2021 and sentenced to undergo life imprisonment. Aggrieved over the same, the convict has preferred an appeal before this Court and the same was dismissed. The petitioner submitted an application seeking emergency leave for a period of 6 days. After considering the request made by the petitioner, the first respondent granted emergency leave to the convict with escort. The petitioner being a poor person, she could not afford the cost for escorts.
3. In view of the above, the condition imposed in the order dated
11.05.2026 directing the convict to go on emergency leave with escort is modified and the convict shall go on emergency leave without escort. However, the convict is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the second respondent police daily at 10.30 a.m., and 05.30 p.m. till the completion of leave period. He shall duly comply with the conditions and return to the prison on expiry of the leave period.
4. Accordingly, the order of the first respondent dated 11.05.2026 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of.
