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Madras High CourtWP Crl.(MD)/3192/2026dismissed

P.Rani v. The Additional Directior General Of Police(Prison)

2026-06-17Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.3192 of 2026 P.Rani .......

Petitioner Vs.

1.The Additional Director General of Police (Prison), Gandhi Irwin Road, Egmore, Chennai.

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

3.The Intelligence Officer, Narcotics Control Bureau, Madurai Sub- Zone, Madurai.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned rejection order issued by the second respondent in No.

1631/Tha.Ku.2/2026 dated 29.05.2026 and quash the same and further directing the second respondent to grant emergency leave and release the petitioner's husband, namely, Paraman s/o. Karuthakannan, who is a 10 years convicted prisoner (No.779) who is imprisonment in Madurai Central Prison on parole for a period of 15 days by considering the petitioner's representation dated 28.03.2026. For Petitioner : Mr.A.Tajudeen For Respondents : Mr.D.Venkatesh, Counsel for the 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 impugned proceedings of the second respondent made in No.1631/Tha.Ku.2/2026 dated 29.05.2026 and for a consequential direction to the second respondent to grant leave to the petitioner's husband, who is presently serving sentence at Central Prison, Madurai.

2. Heard the learned counsel on either side.

3. The petitioner's husband was convicted for offence under NDPS Act for possessing commercial quantity of narcotic drug and he was sentenced to undergo 10 years imprisonment by the trial Court and the same was confirmed by this Court while dismissing the appeal filed by the convict in Crl.A.(MD).No.02 of 2021 by judgment dated 16.12.2024.

4. The petitioner submitted a representation seeking for emergency leave on the ground that that the convict has to make some financial arrangements for repair and renovation work to be carried out in the house. The second respondent through the impugned proceedings dated 29.05.2026 rejected the representation made by the petitioner on the ground that there is a bar under Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982, in granting emergency leave, since the convict was convicted and sentenced for having possessed commercial quantity under the NDPS Act. Aggrieved by the same, the present petition has been filed before this Court.

5. The learned counsel appearing for the petitioner submitted that the impugned order passed by the second respondent suffers from illegality

and that considering the fact that the convict has undergone major part of the sentence and the reason assigned seeking for leave, the same should have been considered by the second respondent.

6. In our considered view, the reason assigned for seeking emergency leave to make financial arrangements for repair and renovation work, is not a ground available under the Tamil Nadu Suspension of Sentence Rules 1982. Emergency leave can be granted only on certain grounds and if it is not satisfied, the convict cannot seek for emergency leave as a matter of right.

7. In view of the above, we do not find any illegality in the order passed by the second respondent and accordingly, this writ petition (criminal) stands dismissed.

[N.A.V., J.] & [K.K.R.K., J.] 17.06.2026 NCC : Yes / No Index : Yes / No TSG

Copy to 1.The Additional Director General of Police (Prison), Gandhi Irwin Road, Egmore, Chennai.

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

3.The Intelligence Officer, Narcotics Control Bureau, Madurai Sub- Zone, Madurai.

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

N.ANAND VENKATESH , J.

AND K.K.RAMKRISHNAN, J .

TSG W.P.Crl.(MD).No.3192 of 2026 17.06.2026