High CourtsDivision Bench(2026) 09 MAD CK 1590

Murugan @ Murugesan vs The Home Secretary & Ors.

Madras High Court, Madurai Bench · Decided on 9 September 2026

HON’BLE JUDGES
A.D. Jagadish Chandira, J · B. Murugesan, J
CASE NUMBER
W.P.Crl.(MD) No.5080 of 2026

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Judgment

13 paragraphs · 456 words

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

Challenging the order dated 05.05.2026, passed by the second respondent, rejecting the request of the petitioner for grant of 28 days ordinary leave without escort to him, this writ petition has been filed with a consequential direction to the respondents to grant 28 days ordinary leave without escort to him.

2.

According to the petitioner, he is a life convict and he is incarcerated in the Central Prison, Palayamkottai. Since his mother is suffering from some health ailments and she wants to be taken to the hospital for treatment, the petitioner made a request to the respondents for grant of 28 days ordinary leave without escort to him. But, under the impugned order dated 05.05.2026, the said request has been rejected on the ground that no proof in support of the ground on which the request for grant of ordinary leave was enclosed along with the representation. It is the further case of the petitioner that he is in incarceration for more than eleven years. According to the petitioner, there is no one else to take care of his mother. Since his mother is sick, she is unable to obtain any medical certificate in respect of her illness. It is the further case of the petitioner that his character and conduct in the prison is good and no adverse remark has been made against him so far.

3.

Heard Mr.D.Venkatesh, learned Additional Public Prosecutor appearing for the respondents.

4.

Taking into consideration the facts that the petitioner / convict prisoner is in incarceration for more than eleven years and he has no bad antecedent against him and he requires to take his mother, who is suffering from some health ailments, to the hospital for treatment, we are inclined to direct the respondents 28 days ordinary leave without escort to the petitioner / convict prisoner.

5.

Accordingly, the writ petition is disposed of with the following directions:

(i)

The respondents are directed to grant 28 days ordinary leave to the petitioner / convict prisoner, namely, Murugan, son of Ramaiah, PID No.9546, without escort.

(ii)

During the said leave period, he shall report before the fourth respondent - Police, daily at 06.30 p.m., without fail.

(iii)

He shall report back to the third respondent, 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.