Stalin v. The Deputy Inspector General Of Prisons And Correctional Services,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Stalin ... Petitioner -vs1. The Deputy Inspector General of Prisons and Correctional Services Trichy Range, Race Course Road Trichy- 620 023
2. The Superintendent of Prison Central Prison, Trichy- 620 020
3. The Superintendent of Police O/o.The Superintendent of Police Karur District
4. The Inspector of Police Nangavaram Police Station, Karur District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus to call for the records relating to the impugned order passed by the first respondent vide proceedings in No.RO.TRY/378/2025-CA dated 07.10.2025 and quash the same as illegal and consequently direct the first respondent to grant 21 days ordinary leave without
police escort to the petitioner namely Stalin, S/o.Shanmugam, aged about 29 years, Life Convict Prisoner PID No.189114 confined at Central Prison, Trichy. For Petitioner :
Mr.K.A.S.Prabhu For Respondents :
Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the first respondent in No.RO.TRY/378/2025-CA dated 07.10.2025 and direct the first respondent to grant 21 days ordinary leave without police escort to the petitioner namely Stalin, S/o.Shanmugam, aged about 29 years, Life Convict Prisoner PID No.189114 confined at Central Prison, Trichy.
2. It is the case of the petitioner that the petitioner was convicted by the Principal District and Sessions Judge, Karur in S.C. No.74 of 2019 dated 25.04.2022 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC(2 counts). Aggrieved over the same, the convict has also filed an appeal before this Court in Crl.A(MD) No.540 of 2022 and the same was confirmed by this Court on 30.01.2025. Due to conviction the petitioner is
languishing in jail for three years. If the convict has completed three years of imprisonment he is eligible for 21 days ordinary leave. Therefore the petitioner sought for ordinary leave on the ground that his mother is suffering from illness. However on receipt of such request the Probation Officer and also the concerned jurisdictional Inspector of Police has not recommended for ordinary leave to the petitioner.
3. The learned counsel appearing for the petitioner submitted that even according to the first respondent the petitioner's mother has taken treatment for her chest pain for one day and now she is continuously taking treatment.
4.The learned Additional Public Prosecutor, on instructions, submitted that the victim's family is now provided with police protection and if the petitioner goes to the same place there will a chance of retaliation murder. Therefore the Probation Officer as well as the concerned Jurisdictional Inspector of Police did not recommend for petitioner's ordinary leave.
5. Admittedly the petitioner has completed three years of imprisonment from the date conviction. Therefore as per Tamil Nadu
Suspension of Sentence Rules, 1982, the petitioner is entitled for 21 days ordinary leave. However it was rejected on the ground that the reasons stated by the petitioner is not genuine. In view of the same the order passed by the first respondent cannot be sustained and the same is liable to be set aside.
4. Considering the illness suffered by the mother of petitioner, this Court is inclined to grant twenty one days ordinary leave with single escort to petitioner.
5. Accordingly, the impugned order passed by the first respondent is set aside and writ petition is disposed of with the following directions: (i) The respondents are directed to grant twenty one days ordinary leave with single escort to the convict prisoner namely, Stalin, S/o.Shanmugam, aged about 29 years, Life Convict Prisoner PID No.189114 confined at Central Prison, Trichy from 29.01.2026 to 18.02.2026. The convict prisoner shall be released from the prison on 29.01.2026 at 9.00 am., (ii) He shall report back to the Superintendent of Prison, Central Jail, Trichy / second respondent, by 18.02.2026
at 6.00pm.., (iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. Consequently connected miscellaneous petition stands closed.
[G.K.I., J.] [R.P., J.] 23.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 27.01.2026 To:
1. The Deputy Inspector General of Prisons and Correctional Services Trichy Range, Race Course Road Trichy- 620 023
2. The Superintendent of Prison Central Prison, Trichy- 620 020
3. The Superintendent of Police O/o.The Superintendent of Police Karur District
4. The Inspector of Police Nangavaram Police Station, Karur District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 23.01.2026