Rani vs The State of Tamilnadu,

WP Crl.(MD) No. 6127 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 6127 of 2026
CNR:{HCMD011603282026}
Rani
No.5/161, Odai Theiru, Sankar Nagar,
North Thalaiyuthu,
Tirunelveli-627357
..Petitioner(s)
Vs
1. The State of Tamilnadu,
Rep.by the Additional Chief Secretary,
Fort St' George,
Chennai-600009.
2. The Director General of Prisons and Correctional
Services,
Tamilnadu Prison Department,
Egmore, Chennai-600008.
3. The Superintendent of Prisons,
Central Prsion-I,
Palayamkottai,
Tirunelveli District.
4. The Inspector of Police,
Thaliyuthu Police Station,
Tirunelveli District.
..Respondent(s)
PRAYER: To issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to No.5754/ThaKu.3/2026 dated 06.10.2026, quash the
same and consequently direct the respondents to grant six days
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WP Crl.(MD) No. 6127 of 2026
emergency leave to the petitioner son, namely, the life convict, PID
No.132798, Vijaya Rama Murthy, S/o.Mari Alangaram, to enable him to
provide assistance for the continued medical treatment of his ailing
father namely Mari Alangaram.
For Petitioner(s) :M/s S.Kasirajan
For Respondent(s) :M/s.G.Karuppasamy Pandian
Additional Public Prosecutor
ORDER
(Order of the Court was made by M. NIRMAL KUMAR J.)
This petition has been filed to quash the impugned order
passed by the third respondent and to grant six days emergency leave to
the petitioner's son, namely Vijaya Rama Murthy, S/o.Mari Alangaram,
life convict, PID No.132798, to enable him to provide assistance for the
continued medical treatment of his ailing father namely Mari Alangaram.
2. The petitioner/ mother of the convict prisoner has sent a
representation seeking leave to the convict stating that the father of the
convict prisoner is suffering from Acute Exacerbation of
COPD/Coronary Artery Disease and was admitted as inpatient in
Tirunelveli Medical College Hospital from 22.09.2026 to 24.09.2026.
With discharge summary she had made a representation to the Prison
authorities and the Prison authorities by an order dated 06.10.2026 had
rejected the request citing Rule 9 of Tamil Nadu Suspension of Sentence
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WP Crl.(MD) No. 6127 of 2026
Rules. As per Rule 9 of Tamil Nadu Suspension of Sentence Rules if
blood relatives of the convict prisoner are seriously ill then only their
request can be considered. In this case there is no medical certificate
confirming that the father of the convict prisoner is ill.
3.The learned counsel appearing for the petitioner would
submit that earlier the petitioner had given a representation on 05.08.2026
and the same was not considered. Hence the petitioner has filed a
petition in WP(Crl.)MD No.5304 of 2026 and this Court by an order
dated 22.09.2026 had directed the prison authorities to consider the
representation of the petitioner within a period of two weeks but the same
was not considered. He further submitted that discharge summary itself
is self explanatory giving the ailments of the father and since he is the
only son he has to be besides his father and also to make monetary
arrangements
4. The learned Additional Public Prosecutor submitted that
as per Rule 9 of Tamil Nadu Suspension of Sentence Rules, certificate for
certain illness has to be produced, but in this case no such certificate has
been produced. However he fairly submitted that from the discharge
summary it is seen the father of the convict prisoner is suffering from
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WP Crl.(MD) No. 6127 of 2026
Acute Exacerbation of COPD/Coronary Artery Disease and took
treatment as inpatient in Tirunelveli Medical College Hospital from
22.09.2026 to 24.09.2026.
4. It is seen that the father convict prisoner is suffering from
Acute Exacerbation of COPD/Coronary Artery Disease confirming
serious illness and further the convict prisoner is under incarceration for
the past two years and he has not availed any leave so far, hence we are
inclined to grant emergency leave to the convict prisoner.
5. In view of the above the impugned order passed by the
third respondent dated 06.10.2026 is set aside the convict prisoner is
granted 6 days emergency leave without escort with the following
directions:
(i) The respondents are directed to grant 6
days emergency leave to the convict
prisoner namely Vijaya Rama Murthy,
S/o.Mari Alangaram, life convict, PID
No.132798 confined at Central Prison,
Palayamkottai without escort
(ii) During the said leave period, the convict
prisoner shall report before the fourth
respondent, daily at 5.00 p.m., without fail.
(iii) He shall report back to the third respondent,
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WP Crl.(MD) No. 6127 of 2026
on completion of the leave period, without
fail.
(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.
(vi) The convict shall utilize the leave only for
the reason for which it has been granted and
shall not partake in any other activities
(vii) No costs.
(M.N.K.,J.) (N.G.N.,J.)
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AAV
To
1. The Additional Chief Secretary
Fort St' George
Chennai-600009
2. The Director General of Prisons and Correctional Services
Tamilnadu Prison Department
Egmore, Chennai-600008
3. The Superintendent of Prisons
Central Prsion-I
Palayamkottai
Tirunelveli District
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WP Crl.(MD) No. 6127 of 2026
4. The Inspector of Police
Thaliyuthu Police Station
Tirunelveli District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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WP Crl.(MD) No. 6127 of 2026
M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
AAV
WP Crl.(MD) No. 6127 of 2026
10-11-2026
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