Kaladevi v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kaladevi W/o.Nachimuthu, No.4-199, Viralikkadu, Moolakkadu Post, Salem district-636452.
..Petitioner(s) Vs
1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.
2. The Deputy Inspector General of Prison, Coimbatore zone, Coimbatore.
3. The Superintendent of Prison, Central Prison, Salem.
..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or order or direction in the nature of Writ, calling for the records relating to the proceedings in file No.CP-SLM/1014/2025/R4(JA) CP-SLM/1014/2025-R4(JA) dated by the 3rd respondent dated 10.02.2026 and quash the same and direct the 3rd respondent
to grant 21 days ordinary leave without escort to the petitioners husband Nachimuthu, S/o.Nachiappa Gounder, PID No.169494, who is presently lodged in Central Prison, Salem.
For Petitioner(s):
MR.N.NAGARJUNA for R.Bakiyalakshmi For Respondent(s):
Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.) The challenge is to a condition imposed under order dated 10.02.2026 for grant of 21 days ordinary leave with escort to Nachimuthu, S/o.Nachiappa Gounder (convict), presently lodged in Central Prison, Salem. The scope of writ petition is hence restricted to the imposition of condition alone.
2. The background is that the convict has been in incarceration from 20.06.2022. During the entirety of the trial, he had been on bail. Even post conviction, he had been released on 15 days emergency leave without escort at the instance of the Court vide its order dated 14.05.2025 in WP No. 14675 of 2025.
3. Mr.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), appears for the respondents and draws attention to the report of the Probation Officer, wherein after tracing the aforesaid background, the
Probation Officer notes the criminal case has stemmed from illegal intimacy and hence there might be the possibility of law and order problem for which reason it may be advisable that there is an escort.
4. We have carefully perused the report of the Probation Officer. Though normally reluctant to intervene in the discretion exercised by the Probation Officer, we are left with the impression that the imposition of condition relating to escort is only a formal objection. This is for the reason that the convict has been on bail prior to conviction and post conviction, has been permitted leave of two weeks without escort. There has been no law and problem or untoward incident reported at those times.
5. For the aforesaid reasons and since there is no serious objection put forth by the authorities, order dated dated 10.2.2026, to the extent to which it imposes condition relating to escort, is modified.
6. The respondents are directed to release the convict viz., Nachimuthu, S/o.Nachiappa Gounder, confined at Central Prison, Salem, on ordinary leave for a period of twenty one (21) days without escort i.e., from 02.07.2026 to 22.07.2026.
7.The convict shall be released on 02.07.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Salem, on 23.07.2026 before 10.00 A.M. The convict shall report before the Kolathur PS, everyday at 10.30 A.M, during the period of leave and during the leave period, the Convict Prisoner shall abide by all the conditions prescribed in
the Jail Manual.
8. This writ petition stands allowed. No costs. (A.S.M.,J.) (S.M.,J.) 01-07-2026 Index: Yes/No Speaking order SSM Note to Registry : Issue Today To
1. The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.
2. The Deputy Inspector General of Prison, Coimbatore zone, Coimbatore.
3. The Superintendent of Prison, Central Prison, Salem.
4. The Public Prosecutor, High Court, Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SSM 01-07-2026