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Madras High CourtWP Crl.(MD)/3165/2026

Manikandan v. The Deputy Inspector General Of Prison And Correctional Services,

2026-06-16Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.3165 of 2026 Manikandan .......

Petitioner Vs.

1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent of Police, Central Prison, Trichy - 620 020.

3.The Superintendent of Police, o/o. the Superintendent of Police, Ariyalur District.

4.The Inspector of Police, Meensurutty Police Station, Ariyalur District.

...... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide proceedings in No. RO.TRY/261/2026-CA dated 15.05.2026 and quash the same as illegal and Consequently direct the first respondent to grant 21 days ordinary leave without police escort to the petitioner, namely, Manikandan, s/o. Sankar, aged about 32 years, convict, PID No.157665 confined at Central Prison, Trichy.

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Lenin Kumar, 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 first respondent made in No. RO.TRY/261/2026-CA dated 15.05.2026 and for a direction to the first respondent to grant 21 days ordinary leave without escort to the petitioner, who is presently serving sentence at Central Prison, Trichy.

2. Heard the learned counsel on either side.

3. The petitioner was convicted for offence under Section 304 (ii) IPC and sentenced to undergo five years rigorous imprisonment in S.C.No. 108 of 2019 by the learned Additional District and Sessions Judge, Ariyalur by judgment dated 06.03.2026. Aggrieved by the same, an appeal was filed before this Court in Crl.A.(md)No.236 of 2020 and this Court while disposing of the appeal by judgment dated 06.03.2023 modified the sentence and reduced the same from five years Rigorous Imprisonment to four years Rigorous Imprisonment. Further appeal filed before the Hon'ble Apex Court was dismissed.

4. The petitioner is undergoing sentence at Central Prison, Trichy. A representation was made by the petitioner seeking for 21 days ordinary leave on the ground that his wife is suffering from severe psychotic disorder and she required the physical and emotional support of the petitioner.

5. The first respondent through the impugned proceedings dated 15.05.2026 rejected the representation made by the petitioner on the ground that the Probation Officer on enquiry found that there was no such medical emergency as was claimed by the petitioner and the* report from the Police was also not received. Aggrieved by the same, the present petition has been filed before this Court.

6. The learned counsel for the State of Tamil Nadu (Criminal Side) submitted that out of four years rigorous imprisonment, the petitioner has already undergone sentence of two years, five months and two days. The learned counsel further submitted that till now the petitioner has not availed ordinary leave or emergency leave.

7. Taking into consideration the facts and circumstances of the case and the reason for which the ordinary leave has been sought for and considering the entitlement of the petitioner for grant of ordinary leave, this Court is inclined to interfere with the proceedings of the first respondent made in No. RO.TRY/261/2026-CA dated 15.05.2026 and the same is hereby set aside.

8. There shall be a direction to the first respondent to grant 21 days ordinary leave to the petitioner subject to the condition that he will report before the fourth respondent daily at 05.00 p.m., during the entire period of ordinary leave. The sureties will be furnished by the convict before the Jail Authorities.

9. This Writ Petition (Criminal Side) is disposed of in the above terms.

[N.A.V., J.] & [K.K.R.K., J.] 16.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

2.The Superintendent of Police, Central Prison, Trichy - 620 020.

3.The Superintendent of Police, o/o. the Superintendent of Police, Ariyalur District.

4.The Inspector of Police, Meensurutty Police Station, Ariyalur District.

5.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.3165 of 2026 16.06.2026