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Amudha Vs The Superintendent of Prison,

Amudha vs The Superintendent of Prison,

Type Court Judgment Court Chennai Decided Jul 03, 2026
~4 min read
https://sooperkanoon.com/case/1663344

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP Crl.(MD)/3636/2026

Parties & Advocates

Appellant / Petitioner

Amudha

Respondent

The Superintendent of Prison,

Excerpt

.....son namely baskar, s/o.veerasamy, aged about 36 years, life convict, pid no.439470 confined at central prison, trichy. for petitioner : mr.k.a.s.prabhu for respondents : mr.d.venkatesh, counsel for the state of tamil nadu (crl. side)order[order of the court was made by a.d.jagadish chandira, j.]the writ petition has been filed seeking writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 1st respondent vide proceedings in no.439470/thaku.4/2026 dated 15.06.2026 and quash the same as illegal and consequently direct the 1 st respondent to grant 6 days emergency leave without police escort to the petitioner's son namely baskar, s/o.veerasamy, aged about 36 years, life convict, pid no.439470 confined at central prison, trichy.2. mr.k.a.s.prabhu, learned counsel for the petitioner wouldsubmit that the convict prisoner's wife is suffering from chronic kidney disease and her health condition is critical, the petitioner hails from a poor page no.2 of 7 background and the petitioner's son who has been detained in the prison as a convict prisoner and due to the poor financial status, she is unable to bear the escort fees, thereby, the present petition has been filed seeking to permit the petitioner to go without escort.3. mr.d.venkatesh, learned counsel for the state of tamilnadu (crl. side) appearing for the respondents would submit that the convict prisoner has been convicted for the offence under pocso act. the victim family is living within the jurisdiction of the 3 rd respondent police station and apprehending risk to the life of the convict prisoner from the family members of the victim, he is advised to go along with the escort.4. in reply, the learned counsel for the petitioner would submit the petitioner has decided to stay at tittakudi during the period of leave and tittakudi is far away from kuvagam police station limits. 5.heard the learned counsel on either side and perused the.....

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.Crl.(MD)No.3636 of 2026 Amudha ... Petitioner Vs. 1.The Superintendent of Prison, Central Prison Trichy - 620 020. 2.The Superintendent of Police O/o.the Superintendent of Police Ariyalur District. 3.The Inspector of Police Kuvagam Police Station Ariyalur District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 1st Respondent vide proceedings in No. 439470/ThaKu.4/2026 dated 15.06.2026 and quash the same as illegal and Consequently direct the 1st respondent to grant 6 days emergency leave Page No.1 of 7 without police escort to the petitioner's son namely Baskar, S/o.Veerasamy, aged about 36 years, Life Convict, PID No.439470 confined at Central Prison, Trichy. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.D.Venkatesh, Counsel for the State of Tamil Nadu (Crl. side)

ORDER

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]

The writ petition has been filed seeking writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 1st Respondent vide proceedings in No.439470/ThaKu.4/2026 dated 15.06.2026 and quash the same as illegal and Consequently direct the 1 st respondent to grant 6 days emergency leave without police escort to the petitioner's son namely Baskar, S/o.Veerasamy, aged about 36 years, Life Convict, PID No.439470 confined at Central Prison, Trichy.

2. Mr.K.A.S.Prabhu, learned counsel for the petitioner would

submit that the convict prisoner's wife is suffering from Chronic Kidney Disease and her health condition is critical, the petitioner hails from a poor Page No.2 of 7 background and the petitioner's son who has been detained in the prison as a convict prisoner and due to the poor financial status, she is unable to bear the escort fees, thereby, the present petition has been filed seeking to permit the petitioner to go without escort.

3. Mr.D.Venkatesh, learned Counsel for the State of Tamil

Nadu (Crl. Side) appearing for the respondents would submit that the convict prisoner has been convicted for the offence under POCSO Act. The victim family is living within the jurisdiction of the 3 rd respondent police station and apprehending risk to the life of the convict prisoner from the family members of the victim, he is advised to go along with the escort.

4. In reply, the learned counsel for the petitioner would submit the petitioner has decided to stay at Tittakudi during the period of leave and Tittakudi is far away from Kuvagam Police station limits. 5.Heard the learned counsel on either side and perused the materials available on record. Page No.3 of 7

6. However, taking into consideration that the wife of the

convict prisoner is suffering from Chronic Kidney disease and also considering the poor financial status and family circumstances of the petitioner, we are inclined to grant emergency leave to the convict prisoner without escort, on the following conditions:

(i) The convict prisoner namely, Baskar, S/o.Veerasamy, now detained in the Central Prison, Trichy, is granted emergency leave for six days on 07.07.2026 to 12.07.2026.

(ii) The convict prisoner shall be released from the prison at 7.00 a.m on 07.07.2026 and he shall surrender before the prison authority on 13.07.2026 before 10.00 a.m.

(iii) The convict prisoner shall appear and sign before Thittakudi Police Station daily at 06.30 p.m., without fail.

(iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(v) It is made clear that the convict prisioner shall not enter into the limits of the 3rd respondent Police station. It is also made clear that the convict prisioner shall not contact the victim girl. Page No.4 of 7

6. With the above direction, the Writ Petition stands allowed. No costs. [A.D.J.C., J.] [T.V.T.S., J.] 03.07.2026 Index : Yes / No NCC : Yes / No rm Page No.5 of 7

To: 1.The Superintendent of Prison, Central Prison Trichy - 620 020. 2.The Superintendent of Police O/o.the Superintendent of Police Ariyalur District. 3.The Inspector of Police Kuvagam Police Station Ariyalur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page No.6 of 7

A.D.JAGADISH CHANDIRA, J.

AND

T.V.THAMILSELVI, J.

rm

ORDER MADE IN

W.P.Crl.(MD)No.3636 of 2026 DATED : 03.07.2026 Page No.7 of 7

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