Madras HC Grants Woman Detained Under Tamil Nadu Goondas Act 5-Day Escorted Leave For Son’s Wedding

The petitioner sought 30 days’ interim release for his mother, Stella Baby, who was detained at the Special Prison for Women, Madurai under a detention order dated 27 October 2026, branding her a “Goonda” under Section 2(f) of the Tamil Nadu Act 14 of 1982.

Her elder son’s marriage was scheduled for 11 November 2026; the petitioner stated that her presence was needed because her husband had recently undergone surgery and had restricted mobility.

The State accepted that the marriage was scheduled but opposed 30 days’ leave, proposing escorted attendance instead. It also referred to a pending police custody petition and a concern about possible tampering with documentary evidence.

The petitioner narrowed the request to attendance at the marriage, did not press for attendance at the Hyderabad reception, and stated that the documents had been seized and that he had no objection to custody.

Section 2(f) of the Tamil Nadu Act 14 of 1982 was identified as the provision under which the detenue had been classified as a “Goonda”.

The order does not cite any precedent or articulate a broader statutory test for interim release.

The leave was made subject to escort, compliance with Jail Manual conditions, use only for the stated purpose, and timely return to prison.

The Court accepted that the marriage was scheduled and considered the detenue’s participation significant in light of the circumstances at home, including her husband’s recent surgery and restricted movement.

It did not grant the requested 30 days: consistent with the State’s proposal and the petitioner’s narrowed request, it ordered five days’ escorted leave for the marriage period.

The custody petition did not displace the leave; instead, the Magistrate was directed to decide it promptly while preserving the leave period and considering the purpose of custody on its own merits.

The State was to provide the escort and bear the escort charges; the detenue was required to comply with Jail Manual conditions, use the leave only for the stated purpose, and return to prison on time.

The Judicial Magistrate No. IV, Tirunelveli, was directed to pass an order on the custody petition forthwith without affecting the leave period, while considering the custody request on its merits.