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Mathar Mydeen Vs The Deputy Inspector General of Prison

Mathar Mydeen vs The Deputy Inspector General of Prison

Type Court Judgment Court Chennai Orders Decided Jun 25, 2026
~3 min read
https://sooperkanoon.com/case/1660166

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Citation
Court
Chennai Orders High Court
Judge
Decided On
Case Number
WP Crl.(MD)/3503/2026

Parties & Advocates

Appellant / Petitioner

Mathar Mydeen

Respondent

The Deputy Inspector General of Prison

Excerpt

.....ordinary leave without escort for the period of 28 days to the petitioner's father namely abdul raheem, s/o.mathar mydeen (pid no.18015).for petitioner : mr.mohamed riyas.m for respondents : mr.t.lenin kumar counsel for state of tn (crl.side)order[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.536/u.tha.2/2026, dated 16.06.2026, wherein the first respondent while granting 28 days ordinary leave, imposed the condition that the convict will be accompanied by an escort. this condition has been put to challenge in the present writ petition.2. heard the learned counsel for the petitioner and the learned counsel for state of tn (crl.side) appearing on behalf of the respondents.3. the petitioner's father is a life convict, who is presentlyundergoing sentence at central prison, madurai. a representation was made seeking 28 days ordinary leave. the first respondent, through the impugned proceedings dated 16.06.2026, granted 28 days ordinary leave; however, imposed the condition that the convict will be accompanied by an escort. this condition has been put to challenge in the present writ petition.4. the learned counsel for state of tn (crl.side) submitted that the convict has undergone 12 years and 8 months of imprisonment and has availed emergency leave once.5. taking into consideration above submissions and alsoconsidering the reason, for which the ordinary leave has been sought for, we are inclined to interfere with the impugned proceedings of the first respondent dated 16.06.2026 and the same is hereby set aside and there shall be a direction to the first respondent to grant 28 days ordinary leave subject to the condition that the convict shall report before the fourth respondent police daily at 5.00 pm during the entire ordinary leave period. the other conditions imposed by the first respondent shall stand as they are and the sureties shall be.....

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3503 of 2026 and W.M.P.Crl.(MD) No.842 of 2026 Mathar Mydeen ...... Petitioner Vs. 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai. 2.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District. 3.The Superintendent of Police, O/o. the Superintendent of Police, 4.The Inspector of Police, O/o.The Inspector of Police Puliangudi Police Station, Tenkasi District. ...... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorified Mandamus, to call for the records passed by respondent No.1 in No.536/U.Tha.2/2026, dated.16.06.2026 and quash the same and direct the respondents 1 and 2 to grant ordinary leave without escort for the period of 28 days to the petitioner's father namely Abdul Raheem, S/o.Mathar Mydeen (PID No.18015).

For Petitioner : Mr.Mohamed Riyas.M For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

ORDER

[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.536/U.Tha.2/2026, dated 16.06.2026, wherein the first respondent while granting 28 days ordinary leave, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

2. Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

3. The petitioner's father is a life convict, who is presently

undergoing sentence at Central Prison, Madurai. A representation was made seeking 28 days ordinary leave. The first respondent, through the impugned proceedings dated 16.06.2026, granted 28 days ordinary leave; however, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

4. The learned Counsel for State of TN (Crl.Side) submitted that the convict has undergone 12 years and 8 months of imprisonment and has availed emergency leave once.

5. Taking into consideration above submissions and also

considering the reason, for which the ordinary leave has been sought for, we are inclined to interfere with the impugned proceedings of the first respondent dated 16.06.2026 and the same is hereby set aside and there shall be a direction to the first respondent to grant 28 days ordinary leave subject to the condition that the convict shall report before the fourth respondent Police daily at 5.00 PM during the entire ordinary leave period. The other conditions imposed by the first respondent shall stand as they are and the sureties shall be executed before the jail authorities.

6. This Writ Petition (Criminal) is allowed with the above

directions. Consequently, connected Miscellaneous Petition is closed. No costs. [N.A.V., J.] & [K.K.R.K., J.] 23.06.2026 NCC : Yes / No Index : Yes / No Indu To 1.The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai. 2.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District. 3.The Superintendent of Police, O/o. the Superintendent of Police, 4.The Inspector of Police, O/o.The Inspector of Police Puliangudi Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

AND

K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.3503 of 2026 23.06.2026

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