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Madras High CourtWP Crl./1223/2026disposed of

Mariyammal v. The State Represented By Its,

2026-05-27Honourable Mr Justice G. R. Swaminathan,Honourable Mr.Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and WPMP(Crl.)No.406 of 2026 Mariyammal W/o.Bakkiyanathan ....

Petitioner -vsThe State represented by its 1.

The Deputy Inspector General of Prison Coimbatore Zone Coimbatore - 641 018.

2.

The Superintendent Coimbatore Central Prison Coimbatore - 641 018.

....

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.324/Tha.U1/2026 dated 06.04.2026 passed by the 1st respondent and quash the same and consequently, direct the respondents to grant ordinary leave for 28 days without escort to the detenue, Thangaraj, S/o.Bakkiyanathan, aged 34 years, bearing Convict No.19234 PID No.21377 at Central Prison, Coimbatore. 1/4

For Petitioner :

Mr.S.Pandiyan For Respondents :

Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)

O R D E R

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

) Heard both sides.

2. The writ petitioner seeks 28 days' ordinary leave for her son, who is undergoing life sentence in the second respondent Prison. The request was rejected by the first respondent on the ground that the petitioner's son has suffered conviction for the offence under Section 396 of IPC.

3. The learned counsel for the petitioner draws our attention to the order dated 19.07.2023 made in W.P.No.21242 of 2023 [Akram Khan Vs. The Deputy Inspector General of Prison and another], wherein leave was granted even though the convict suffered conviction for a similar offence.

4. We are inclined to adopt the very same approach in this case. We also take note of the fact that the petitioner's son has spent more than 11 years in prison.

2/4

5. We direct the respondents to grant twenty eight (28) days ordinary leave for the convict without escort.

6. Accordingly, the impugned order dated 06.04.2026 is quashed and the writ petition is allowed on the following conditions:~ (a) The convict-prisoner, Thangaraj, Son of Bakkiyanathan, aged about 34 years, bearing Convict No.19234 and PID No.21377, confined at Central Prison, Coimbatore, is granted ordinary leave for twenty eight (28) days from 03.06.2026 to 30.06.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 02.06.2026 and he shall return to the prison at 10.00 a.m., on 01.07.2026. (c) During the said leave period, he shall report before the Inspector of Police, Thachanallur Police Station, Tirunelveli District, daily at 07.00 p.m., from 03.06.2026 onwards, without fail.

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

Connected Miscellaneous Petition is closed.

[G.R.S.,J.] [V.L.N.,J.] 27.05.2026 Index : Yes/No Speaking order / Non-speaking order mk/ms 3/4

G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

mk/ms To 1.

The Deputy Inspector General of Prison Coimbatore Zone Coimbatore - 641 018.

2.

The Superintendent Coimbatore Central Prison Coimbatore - 641 018.

3.

The Public Prosecutor, High Court, Madras.

Copy to :

The Inspector of Police, Thachanallur Police Station, Tirunelveli District and WPMP(Crl.)No.406 of 2026 27.05.2026 4/4