Kesavan v. The State Rep. By Its The Director General Of Prison

2026:MHC:1654

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kesavan S/o.Bairappa, Convict Prisoner , PID 243074, Confined at Central Prison Salem, Hasthampatty, Salem -7.

..Petitioner(s) Vs

1. The State Rep. by its The Director General of Prison Department of Prisons and Correctional Service, Gandhi Irwin Road, CMDA Building, Chennai 600 008.

2. The Deputy Inspector General of Prison Office of Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore 641 012.

3. The Superintendent of Prison Central Prison at Salem, Hasthampatty, Salem -7.

..Respondent(s) Petition filed under Article 226 of the Constitution of India praying for the issuance of Certiorarified Mandamus to call for the records pertaining with an impugned order in No. 9724/Tha.Ku.3/2024 dt. 05.08.2025 passed by the 3rd

respondent and quash the same and direct the respondent to grant 28 days ordinary leave without escort to the petitioner namely Mr.Kesavan S/o.Bairappa (PID No. 243074) who is confining in 3rd respondent and may deem fit and necessary orders.

For Petitioner(s):

M.Mohamed Saifulla For Respondent(s):

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

O R D E R

(Order of the Court was made by Dr.Anita Sumanth J.) The challenge in this Writ Petition is limited to the imposition of condition of furnishing of sureties while granting leave to the petitioner, who is presently confined in Central Prison, Salem.

2. Mr.Muniyapparaj, learned Additional Public Prosecutor, on instructions, does not put forth any serious objection to the modification of the condition for furnishing of sureties.

3. Hence, and based on his acquiescence, we set aside impugned order dated 05.08.2025, to the extent to which it directs furnishing of sureties, and ordinary leave of 21 days without escort is granted, though on the following conditions:

(i) Respondents are directed to release the Convict Prisoner viz., Kesavan, S/o.Bairappa, aged 40 years, confined at Central

Prison, Salem on Ordinary Leave for a period of 21 days i.e., from 30.04.2026 to 20.05.2026.

(ii) The Convict Prisoner shall be released on 30.04.2026 at 10.00 am and he shall surrender before the Central Prison, Salem on 21.05.2026 before 10.00 a.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Denkanikottai every alternate day at 11.00 a.m., during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

4. This Writ Petition is allowed to the above extent. (A.S.M.,J.) (S.M.,J.) 29-04-2026 Index: Yes/No Speaking order SL Note: Issue today.

To

1. The State Rep. by its The Director General of Prison Department of Prisons and Correctional Service, Gandhi Irwin Road, CMDA Building, Chennai 600 008.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

SL

2. The Deputy Inspector General of Prison Office of Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore 641 012.

3. The Superintendent of Prison Central Prison at Salem, Hasthampatty, Salem -7.

4. The Public Prosecutor, High Court, Madras. 29-04-2026