Bala v. The Deputy Inspector General Of Prison,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2202 of 2026 Bala .......

Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai District.

3.State of Tamil Nadu, The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

4.State of Tamil Nadu, The Inspector of Police, Pettai Police Station, Tirunelveli.

...... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in No. 303/Utha.2/2026 dated 26.03.2026 issued by the Respondent No.1 and quash the same as illegal and further direct the respondent Nos.1 and 2 to grant ordinary leave without escort to the period of 40 days to the petitioner's husband, namely, Komban S/o.Isakki devar by considering the representation dated 16.03.2026.

For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu, (Criminal Side)

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This writ petition has been filed challenging the proceedings of the first respondent made in No. 303/Utha.2/2026 dated 26.03.2026 and for a

direction to the respondents to grant ordinary leave to the convict, who is the husband of the petitioner and who is presently undergoing sentence at Central Prison, Madurai.

2. The petitioner is the husband of the convict. The husband of the petitioner is a life convict, who is presently serving sentence at Central Prison, Madurai. The petitioner submitted a representation seeking for ordinary leave on the ground that her father is suffering from serious ailments and he requires immediate treatment for which the petitioner wanted the help of the convict to arrange for the funds. The representation made by the petitioner came to be rejected by the first respondent through the impugned proceedings dated 26.03.2026 on the ground that there are three pending cases against the convict and that apart, the Jail Superintendent did not recommend for the grant of ordinary leave. Aggrieved by the same, the present writ petition has been filed before this Court.

3. The second respondent has filed a counter-affidavit. The second respondent has given the particulars of three pending cases against the

convict. The second respondent has also stated that the convict has undergone sentence for six years, eight months and nine days as on 18.05.2026. The second respondent has also taken a stand that the convict is not eligible for ordinary leave and therefore, he has sought for the dismissal of the writ petition.

4. This Court carefully considered the submissions made on either side and the materials available on record.

5. The convict is undergoing sentence at Central Prison, Madurai and he has already undergone sentence for six years, eight months and nine days. It is brought to the notice of this Court that the convict was granted emergency leave on four occasions and ordinary leave on two occasions and during the leave period, nothing untoward took place. The previous cases that have been put against the convict is of the years 1997, 2017 and 2020. In spite of the same, leave was granted on earlier occasions.

6. In view of the above, we are inclined to grant ordinary leave to the convict and accordingly, the impugned proceedings of the first

respondent made in No. 303/Utha.2/2026 dated 26.03.2026 is hereby quashed.

7. There shall be a direction to the first respondent to grant 28 days ordinary leave to the convict subject to the condition that the convict will report before the fourth respondent daily at 05.00 p.m., during the entire period of ordinary leave.

8. In the result, this writ petition (Criminal) is allowed. [N.A.V., J.] & [K.K.R.K., J.] 03.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, Madurai District.

3. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

4.The Inspector of Police, Pettai Police Station, Tirunelveli.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH , J.

AND K.K.RAMAKRISHNAN, J .

TSG W.P.Crl.(MD).No.2202 of 2026 03.06.2026