[Cites 2, Cited by 0]
Madras High Court
Kala vs The Deputy Inspector General Of Prison on 18 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.950 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.950 of 2026
Kala ... Petitioner
-vs-
1.The Deputy Inspector General of Prison,
Madurai Range, Madurai.
2.The Superintendent of Prison,
Central Prison, Madurai
3.The Superintendent of Police
Madurai District
4. The Inspector of Police
Sattur Town Police Station,
Sattur, Virudhunagar District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus calling for the records relating tot he
impugned rejection order in No.136/Vu.tha.2/2026 dated 09.02.2026 issued by
the second respondent and quash the same as illegal and consequently direct
the respondents to grant parole/Emergency leave for 21 days to petitioner's
father Maniraj(43 years)S/o.Karuppasamy, CP No.6272, PID No.53447.
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W.P.Crl.(MD) No.950 of 2026
For Petitioner : Mr.J.Yogeswaran
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
The prayer in the petition is to quash the impugned order passed by the
second respondent in No.136/Vu.tha.2/2026 dated 09.02.2026 and direct the
respondents to grant parole/Emergency leave for 21 days to petitioner's father
Maniraj(43 years)S/o.Karuppasamy, CP No.6272, PID No.53447.
2. It is the case of the petitioner that his father was convicted by
the District Court, Madurai in Spl.S.C.No.267 of 2019 on 21.12.2022 and
sentenced to undergo life imprisonment for the kidnapping case. Aggrieved
over the same, the convict has also filed an appeal before this Court in
Crl.A(MD) No.144 of 2023 and the same is pending. While being so, marriage
of the petitioner was fixed on 22.02.2026 and as such the petitioner has sought
for 21 days ordinary leave for her father to attend the marriage and also for
making other arrangements, however it was rejected on the ground that the
petitioner's father is facing one more trial and as such he is not entitled for
leave.
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3. The learned Additional Public Prosecutor, on instructions,
submitted that Rule 21(2) (h) of Tamil Nadu Suspension of Sentence Rules,
1982, does not permit to grant any leave for the persons convicted under
Section 364(A) of IPC.
4. A perusal of the record reveals that the convict's daughter
marriage is fixed on 22.02.2026 with one Vinoth Kumar, therefore this Court is
inclined to grant five days emergency leave to the convict.
5. Accordingly, the impugned order passed by the second
respondent is set aside and writ petition is disposed of with the following
directions:
(i) The respondents are directed to grant five days
emergency leave without escort to the petitioner's
father namely Maniraj (43 years)S/o.Karuppasamy, CP
No.6272, PID No.53447. from 19.02.2026 to
23.02.2026. The convict prisoner shall be released
from the prison on 19.02.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail, Madurai / second respondent, by
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24.02.2026 at 5.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual.
(v) During the leave period the convict prisoner shall
report before the fourth respondent daily at 5.30 pm.,
without fail.
[G.K.I., J.] [R.P., J.]
18.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 18.02.2026
To:
1.The Deputy Inspector General of Prison,
Madurai Range, Madurai.
2.The Superintendent of Prison,
Central Prison, Madurai
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3.The Superintendent of Police
Madurai District
4. The Inspector of Police
Sattur Town Police Station,
Sattur, Virudhunagar District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
18.02.2026
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