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Madras High CourtWP Crl./1139/2026allowed

Rajeshwari v. The State Represented By Its, The Secretary To The Government Of Tamil Nadu,

2026-05-20Honourable Mr Justice G. R. Swaminathan,Honourable Mr.Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.05.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(Crl) No.1139 of 2026 and W.P.M.P.(Crl) No.380 of 2026 Rajeshwari W/o.Rahuman ....

Petitioner -vsThe State represented by its 1.

The Secretary to the Government of Tamil Nadu Home (Prison IV) Department The Secretariat of Tamil Nadu Chennai-600 009.

2.

The Deputy Inspector General of Prison Central Prison, Puzhal Chennai-600 066.

3.

The Superintendent Central Prison, Puzhal Chennai - 600 066.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.35/Muvu 1/2025 dated 22.04.2026 passed by the 2nd respondent and quash the same and consequently,

direct the respondents to grant ordinary leave for 30 days without escort to the detenu, Rahuman, Son of Zakir Hussain, aged about 36 years, PID No.50568, confined at Central Prison, Puzhal-I.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.

) Heard both sides.

2. The writ petitioner's husband namely, Rahuman [PID No.50568], Son of Zakir Hussain, is a life convict, who is undergoing sentence in the Central Prison, Puzhal. He has so far spent 9 years imprisonment in the Prison. The convict prisoner submitted an application to the respondents seeking grant of 30 days ordinary leave. The said request was rejected vide order dated 22.04.2026 by citing Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.

3. Our attention is drawn to the order dated 18.04.2024 in W.P.No.9081 of 2024 [S.Amaravathi Vs. The Secretary to Government and Others] in which even though the same Rule was cited, the Hon'ble Division Bench chose to grant the relief.

4. We are inclined to adopt the very same relief. In this view of the

matter, the impugned order stands quashed and the convict-prisoner is granted thirty (30) days ordinary leave without escort.

5. The writ petition is allowed on the following conditions:~ (a)The convict-prisoner, Rahuman [PID No.50568], Son of Zakir Hussain, now detained at Central Prison, Puzhal, Chennai, is granted ordinary leave for thirty (30) days from 27.05.2026 to 25.06.2026 without escort. (b) The convict prisoner shall be released from the prison at 05.00 p.m., on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 26.06.2026. (c) During the said leave period, he shall report before the Inspector of Police, Ennore Police Station, Chennai, daily at 07.00 p.m., from 27.05.2026 onwards, without fail.

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

Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [V.L.N.,J.] 20.05.2026 Index : Yes/No Speaking order / Non-speaking order mk/ms

To The State represented by its 1.

The Secretary to the Government of Tamil Nadu Home (Prison IV) Department The Secretariat of Tamil Nadu Chennai-600 009.

2.

The Deputy Inspector General of Prison Central Prison, Puzhal Chennai-600 066.

3.

The Superintendent Central Prison, Puzhal Chennai-600 066.

4.

The Public Prosecutor, High Court, Madras.

Copy to:

The Inspector of Police, Ennore Police Station, Chennai.

G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

mk/ms W.P.(Crl) No.1139 of 2026 and W.P.M.P.(Crl) No.380 of 2026 20.05.2026