Pappathi vs The Deputy Inspector General of Prisons

Court
Madras High Court

WP Crl.(MD) No. 5497 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 5497 of 2026
CNR:{HCMD011414372026}
Pappathi
W/o.Perumal,
4-433, East street,
Thathampatti Village,
Kottakudi Post,
Aruppukottai Taluk,
Virudhunagar District.
..Petitioner(s)
Vs
1. The Deputy Inspector General of Prisons
Prisons and Correctional Services Department,
Madurai Range,
Madurai.
2. The Superintendent of Prison
Central Prison,
Madurai.
3. The Inspector of Police,
Aruppukottai Taluk Police Station,
Virudhunagar District.
..Respondent(s)
PRAYER: To issue a Writ of Certiorarified Mandamus calling for the
records of the order passed by the 1st respondent in
No.996/Oo.Tha.2/2026, dt.17.09.2026 and quash the same and
consequently direct the 1st respondent to grant 21 days ordinary leave to
the petitioner's husband namely Perumal , S/o.Vadamalai(PID
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WP Crl.(MD) No. 5497 of 2026
No.362602) without escort now confined under Central Prison, Madurai
now ie., the second respondent herein within the time stipulated by this
Court.
For Petitioner(s) :M/s Arihara sudhan
for M/S.Srikanth
For Respondent(s) : Mr.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 first respondent in No.996/Vu.Tha.2/2026, dt.17.09.2026 and
consequently direct the 1st respondent to grant 21 days ordinary leave to
the petitioner's husband namely Perumal , S/o.Vadamalai(PID
No.362602) without escort now confined under Central Prison, Madurai
within the time stipulated by this Court.
2. It is the case of the petitioner that her husband was convicted and
sentenced to undergo 20 years rigorous imprisonment for the offence
under Section 363 of IPC r/w.6 of POCSO Act and against which the
convict has preferred an appeal and the same is pending before this Court
in Crl.A(MD) No.624 of 2024. Her husband is in prison for more than
two years as under trial prisoner and three years as a convict prisoner.
The convict has shown a good conduct during the period of detention .
Further the convict prisoner is the only sole bread winner of the family
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WP Crl.(MD) No. 5497 of 2026
and the house of the petitioner is in dilapidated condition and the mother
of the convict prisoner is also suffering from eye ailment and required to
undergo operation. Hence the petitioner has sent a representation seeking
21 days ordinary leave to the convict prisoner, however the same was
rejected, hence the present petition is filed.
3. The learned Additional Public Prosecutor filed counter and
submitted that the petitioner has submitted a representation seeking 21
days ordinary leave to the convict prisoner, however the same was
rejected on the ground that the Probation Officer as well the Jurisdictional
Police has not recommended for leave. Further the victim girl is a school
going child and further if leave is granted it will cause threat to the victim
as well as to family of the victim, thereby he strongly objected for grant
of leave.
4.It is seen that the husband of the petitioner has shown good
conduct during the detention period and he had been prison for more
than five years(as convict for three years). Further the house of the
petitioner is in dilapidated condition and the mother of the convict
prisoner needs medical attention. The only apprehension is that the victim
is residing in the same village.
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WP Crl.(MD) No. 5497 of 2026
5. At this juncture, the learned counsel appearing for the petitioner
submitted that the convict prisoner will not cause any disturbance and he
will not be in the vicinity of either the victim or the family members of
the victim.
6. Considering the submission made by the learned counsel
appearing for petitioner the impugned order passed by the first
respondent is set aside and the petition stands allowed. The convict
prisoner is granted 21 days ordinary leave, subject to the following
conditions:
(i) The respondents are directed to grant 21 days ordinary leave
to the convict prisoner namely Perumal , S/o.Vadamalai(PID
No.362602) without escort now confined under Central Prison, Madurai
without escort.
(ii) During the said leave period, the convict prisoner shall report
before the third respondent, daily at 10.00a.m., and 6.00 p.m., without
fail.
(iii) He shall report back to the second respondent, on completion
of the leave period, without fail.
(iv) The petitioner shall produce all necessary documents, along
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WP Crl.(MD) No. 5497 of 2026
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) The concerned Superintendent of Prison/jail authorities are
directed to impose other conditions as contemplated under Rule 26 of the
Tamil Nadu Suspension of Sentence Rules,1982.
(viii) No costs.
7. It is made clear that if any complaint received from the victim or
the family of the victim as against the convict during the leave period ,
the third respondent is directed to take appropriate action.
(M.N.K.,J.) (N.G.N.,J.)
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AAV
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WP Crl.(MD) No. 5497 of 2026
To
1. The Deputy Inspector General of Prisons
Prisons and Correctional Services Department
Madurai Range
Madurai
2. The Superintendent of Prison
Central Prison
Madurai
3. The Inspector of Police
Aruppukottai Taluk Police Station
Virudhunagar District
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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WP Crl.(MD) No. 5497 of 2026
M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
AAV
WP Crl.(MD) No. 5497 of 2026
30-10-2026
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