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Madras High CourtWP Crl./810/2026allowed

D.Shanthi v. The Deputy Inspector General Of Prisons,

2026-04-15Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice Sunder Mohan4 pages

2026:MHC:1454

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN AND WPMP CRL. NO. 272 OF 2026 D.Shanthi W/o.Devaraj, No.32/17, Vivekanandapuram, 1st Street, West Mambalam, Chennai-600 033.

..Petitioner(s) Vs

1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600008.

2. The Superintendent of Prisons Central Prison-1, Puzhal, Chennai-600 066.

..Respondent(s) Prayer:

Writ petition filed under Article 226 of Constitution of India for issuance of a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned order passed by the respondent no.1 in order no.806/mu.uu.1/2025 dated 29.07.2025 granting 28 days ordinary leave by with

escort and quash the same and consequently direct the respondent to grant 28 days ordinary leave by without escort for the petitioner's brother namely Dhamodharan, S/o.Murugesan, a life convict prisoner bearing PID No.57331, confined at the Central Prison-1, Puzhal.

For Petitioner(s):

Ms.S.Nadhiya For Respondent(s):

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr.M.Sylvester John

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) The petitioner, sister of one Dhamodharan, a life convict, presently confined in Central Prison-1, Puzhal, has filed this Writ Petition challenging order dated 29.07.2025 only to the extent to which it grants leave to the convict with escort.

2. The convict was sentenced to death on 11.03.2020, which was modified to a life sentence by this Court vide judgment dated 28.06.2021 passed in R.T.No.2 of 2020 and Crl.A.No.40 of 2021. The convict has been incarcerated since and has not availed leave. Under impugned order dated 29.07.2025, he has been granted leave for 28 days, though with escort.

3. After some discussion, Mr.Muniyapparaj, learned Additional Public Prosecutor would accede to the position that while the requirement of escort may be dispensed with, the convict must be directed to report before the

jurisdictional police every day in order to secure both his safety and that of those around him.

4. Accordingly, impugned order dated 29.07.2025, to the extent to which an escort has been provided, is set aside and ordinary leave of 28 days without escort is granted, though on the following conditions: (i)The respondents are directed to release the convict viz., Dhamodharan, S/o. Murugesan, aged 48 years confined at Central Prison-1, Puzhal, on ordinary leave for a period of twenty eight (28) days without escort i.e., from 16.04.2026 to 13.05.2026.

(ii)The convict shall be released on 16.04.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Puzhal, on 14.05.2026 before 10.00 A.M.

(iii)The convict shall report before the Inspector of Police, S-7 Madipakkam Police Station, Chennai on every day at 11.00 A.M, during the period of leave. (iv)During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.

Connected Miscellaneous Petition is closed.

(A.S.M.,J.) (S.M.,J.) sl 15-04-2026 Index: Yes/No Speaking order Note to Registry: Issue today.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

sl To

1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600008.

2. The Superintendent of Prisons Central Prison-1, Puzhal, Chennai-600 066.

3. The Public Prosecutor, High Court of Madras. AND WPMP CRL. NO. 272 OF 2026 15-04-2026