[Cites 3, Cited by 0]
Madras High Court
Selvi vs The Secretary To Government Of Tamil ... on 26 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.349 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.349 of 2026
and
WMP.Crl.(MD) No.96 of 2026
Selvi ... Petitioner
-vs-
1. The Secretary to Government of Tamil Nadu
Home(Prison-IV) Department
Secretariat of Tamil Nadu,
Chennai- 600 009
2. The Deputy Inspector General of Prisons
Trichy Range,
Trichy Central Prison Campus
Trichy- 620 020
3. The Superintendent of Prison
Central Prison,
Trichy- 620 020
4. The Superintendent of Police
O/o.The Superintendent of Police
Trichy
5. The Inspector of Police
Jeeyapuram Police Station
Jeeyapuram- 639 101 ..Respondents
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
W.P.Crl.(MD) No.349 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus calling for the records pertaining to the
impugned order No.RO-TRY/506/ 2025-CA dated 14.09.2025 issued by the
second respondent and quash the same and consequently direct the respondents
to grant ordinary leave of 40 days without escort to the detenu Ramachandran,
s/o.Subramani, aged about 43 years bearing convict No.21670, PID No.82835
confined at Central Prison, Trichy
For Petitioner : M/s.P. Harivaishnave
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.RO-TRY/506/ 2025-CA dated 14.09.2025 and direct
respondents to grant ordinary leave of 40 days without escort to the detenu
Ramachandran, s/o.Subramani, aged about 43 years bearing convict No.21670,
PID No.82835 confined at Central Prison, Trichy
2. It is the case of the petitioner that her husband was convicted by
the Fast Track Mahila Court, Karur in Spl.S.C. No.7 of 2015 dated 08.12.2016
for the offences under Sections 364,394r/w.397, 302 and 376(2)(m)of IPC and
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
sentenced to undergo life imprisonment. Against which the convict has
preferred an appeal before this Court in Crl.A(MD) No.220 of 2018 and the
same was dismissed by this Court. While being so, the petitioner being wife of
the convict submitted representation seeking 40 days ordinary leave for her
husband , however it was rejected on the ground that the husband of the
petitioner is convicted under Section 397 of IPC and as such he is not eligible
for ordinary leave as per Rule 21(b) of Tamil Nadu Suspension of Sentence
Rules. However the husband of the petitioner was granted emergency leave by
this Court on an earlier occasion in WP(Crl)MD No.8311 of 2025 on
09.06.2025 on the ground to arrange funds for their ward's school fees.
3. Considering the above facts and circumstances of the case and
also the fact that the ward of the convict was left out from the school due to non
payment of fees and he has to be readmit him in the school, this Court is
inclined to grant six days emergency leave without escort to convict
4. 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 six days
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
emergency leave without escort to the convict prisoner
namely, Ramachandran, s/o.Subramani, aged about 43
years bearing convict No.21670, PID No.82835
confined at Central Prison, Trichy from 28.02.2026 to
05.03.2026. The convict prisoner shall be released
from the prison on 28.02.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail,Trichy / third respondent, by 05.03.2026 at
6.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) The convict shall report before the fifth respondent
daily at 5.30 pm., till the completion of leave period.
(v) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual. Consequently connected miscellaneous
petition stands closed.
[G.K.I., J.] [R.P., J.]
26.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 26.02.2026
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
To:
1. The Secretary to Government of Tamil Nadu
Home(Prison-IV) Department
Secretariat of Tamil Nadu,
Chennai- 600 009
2. The Deputy Inspector General of Prisons
Trichy Range,
Trichy Central Prison Campus
Trichy- 620 020
3. The Superintendent of Prison
Central Prison,
Trichy- 620 020
4. The Superintendent of Police
O/o.The Superintendent of Police
Trichy
5. The Inspector of Police
Jeeyapuram Police Station
Jeeyapuram- 639 101
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
26.02.2026
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 04:36:24 pm )
