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Madras High CourtWP Crl.(MD)/3146/2026allowed

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

2026-06-15Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3146 of 2026 Jhansirani ......

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, Thanjavur District.

4.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur 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 implugned order passed by the 1st respondent vide

proceedings in No.RO/TRY/229/2026-CA, dated 05.06.2026 and quash th same as illegal and consequently direct the first respondent to grant 28 days ordinary leave without police escort to the petitioner's son namely Purushothaman, S/o.Sivaji, aged about 28 years, Life Convict, PID No. 127180 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 impugned proceedings of the first respondent made in No.RO/TRY/229/2026-CA, dated 05.06.2026 and for a consequential direction to the first respondent to grant 28 days ordinary leave without Police escort to the petitioner's son, who is presently undergoing 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's son is a life convict, undergoing sentence at Central Prison, Trichy. A representation was made by the petitioner on the ground that the convict's father is suffering from serious ailments and he requires the physical and emotional support of the convict. The representation made by the petitioner came to be rejected by the first respondent through the impugned proceedings dated 05.06.2026 on the ground that the report of the Probation Officer had not been received and was awaited. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. The learned Counsel for State of TN (Crl.Side), on instructions, submitted that the convict has undergone 6 years, 4 months and 9 days of sentence till date and has neither availed emergency leave nor ordinary leave till now. The learned counsel further submitted that, since the report of the Probation Officer had not been received, the representation could not be considered.

5. Taking into consideration the facts and circumstances of the case and considering the reason, for which ordinary leave has been sought

for, this Court is inclined to interfere with the proceedings of the first respondent dated 05.06.2026 and the same is hereby set aside. There shall be a direction to the first respondent to grant 28 days ordinary leave without Police escort to the convict, subject to the condition that the convict shall report before the 4th respondent Police daily at 5.00 PM during the entire ordinary leave period.

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

[N.A.V., J.] & [K.K.R.K., J.] 15.06.2026 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, Thanjavur District.

4.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur 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.3146 of 2026 15.06.2026