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Madras High CourtWP Crl.(MD)/3067/2026

Maheswaran v. The Deputy Inspector General Of Prisons And Correctional Services,

2026-06-11Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3067 of 2026 Maheswaran ......

Petitioner Vs.

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, Perambalur District.

4.State of Tamilnadu, Represented by the Inspector of Police, Perambalur Rural Police Station, Senjeri, Perambalur District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent vide

proceedings in No.RO.TRY/288/2026-CA dated 25.05.2026 and quash the same as illegal and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner namely Maheswaran, S/o.Kannusamy @ Kandasamy Reddutarm aged about 42 years, convict, bearing Convict Prisoner No.21477, PID No.506923 confined at Central Prison, Trichy.

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.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.RO.TRY/288/2026-CA, dated 25.05.2026 and for a direction to the first respondent to grant 21 days ordinary leave without Police escort to the petitioner, who is presently serving sentence at Central Prison, Trichy.

2. Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

3. The petitioner is a life convict and he is undergoing sentence at Central Prison, Trichy. The petitioner submitted a representation seeking for 21 days ordinary leave on the ground that the petitioner's mother is suffering from ailment and she requires the physical and emotional support of the petitioner.

4. The representation made by the petitioner came to be rejected by the first respondent through the impugned proceedings, dated 25.05.2026 on the ground that the Probation Officer did not give any report recommending for the grant of ordinary leave to the petitioner. Aggrieved by the same, the present Writ Petition has been filed before this Court.

5. The learned counsel for the petitioner brought to the notice of this Court the medical certificate given by the Doctor on 21.01.2026 to substantiate that the petitioner's mother is suffering from ailment.

6. The learned Counsel for State of TN (Crl.Side) appearing for the respondents submitted that the petitioner till now has undergone

sentence for 3 years, 5 months and 5 days and on one occasion, he was granted emergency leave and on another occasion, he was granted ordinary leave.

7. Taking into consideration the facts and circumstances of the case and the reason, for which the ordinary leave has been sought for by the petitioner and taking note of the fact that the petitioner was already given emergency leave and ordinary leave and nothing untoward took place, this Court is inclined to interfere with the proceedings of the first respondent, dated 25.05.2026 and the same is hereby set aside. There shall be a direction to the first respondent to grant 21 days ordinary leave to the petitioner without escort subject to the condition that the petitioner shall report before the 4th respondent daily at 5.00 PM during the entire ordinary leave period and surety shall be executed before the jail authorities.

8. This Writ Petition (Criminal) is allowed with the above directions. No costs.

[N.A.V., J.] & [K.K.R.K., J.] 11.06.2026 NCC : Yes / No Index : Yes / No Indu

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, Perambalur District.

4.The Inspector of Police, Perambalur Rural Police Station, Senjeri, Perambalur District.

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

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.3067 of 2026 11.06.2026