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Madras High CourtWP Crl.(MD)/1235/2026disposed of

Perumayee v. The Deputy Inspector General

2026-02-27Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr.Justice N.Senthilkumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Perumayee ... Petitioner -vs1. The Deputy Inspector General Prison and Correctional Services Department Madurai Range, Madurai

2. The Superintendent of Prison Central Prison, Madurai District

3. The Superintendent of Police Madurai District

4. The Inspector of Police NIB-CID Police Station Madurai District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating to the impugned order vide No.1247/Vu.tha.2/2025 dated 10.12.2025 on the file of the first respondent and quash the same and consequently direct the respondents 1 and 2 to release the petitioner's son Vinoth,S/o.Ayyar, PID No.

239945 on an ordinary leave for 30 days in the light of the representation dated 04.12.2025 on the file of the first respondent. For Petitioner :

Mr.R.Venkateswaran 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.1247/Vu.tha.2/2025 dated 10.12.2025 and direct the respondents 1 and 2 to release the petitioner's son Vinoth,S/o.Ayyar, PID No. 239945 on an ordinary leave for 30 days in the light of the representation dated 04.12.2025 on the file of the first respondent.

2. It is the case of the petitioner that his son was convicted in C.C. No.153 of 2020 on 29.08.2022 for the offence under Sections 8(c) r/w.20(b)(ii) (C) of NDPS Act and sentenced to undergo ten years rigorous imprisonment Aggrieved over the same, the convict has not preferred an appeal before this Court. While being so, the petitioner being father of the convict submitted representation seeking 30 days ordinary leave for the convict, however it was rejected on the ground that the person convicted under NDPS Act is not eligible for leave as per rule 21(h)(3) of Tamil Nadu Suspension of Sentence Rules

3. A perusal of the record reveals that the petitioner is having some health issues, therefore this Court is inclined to grant five days emergency leave to the convict with single escort.

4. 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 five days emergency leave with single escort to the convict prisoner namely, Vinoth,S/o.Ayyar, PID No.239945 from 02.03.2026 to 06.03.2026. The convict prisoner shall be released from the prison on 02.03.2026 at 6.00 am., (ii) He shall report back to the Superintendent of Prison, Central Jail,Madurai / second respondent, by 06.03.2026 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.

(v)The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

[G.K.I., J.] [N.S, J.] 27.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 27.02.2026 To:

1. The Deputy Inspector General Prison and Correctional Services Department Madurai Range, Madurai

2. The Superintendent of Prison Central Prison, Madurai District

3. The Superintendent of Police Madurai District

4. The Inspector of Police NIB-CID Police Station Madurai District

5. The Additional Public Prosecutor

Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and N.SENTHILKUMAR , J.

aav 27.02.2026