Citation : 2026 Latest Caselaw 892 Mad
Judgement Date : 27 February, 2026
W.P.Crl.(MD) No.1235 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.Crl.(MD) No.1235 of 2026
Perumayee ... Petitioner
-vs-
1. The Deputy Inspector General
Prison and Correctional Services Department
Madurai Range, Madurai
2. The Superintendent of Prison
Central Prison, Madurai District
3. The Superintendent of Police
Madurai District
4. The Inspector of Police
NIB-CID Police Station
Madurai 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 to the
impugned order vide No.1247/Vu.tha.2/2025 dated 10.12.2025 on the file of
the first respondent and quash the same and consequently direct the
respondents 1 and 2 to release the petitioner's son Vinoth,S/o.Ayyar, PID No.
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W.P.Crl.(MD) No.1235 of 2026
239945 on an ordinary leave for 30 days in the light of the representation dated
04.12.2025 on the file of the first respondent.
For Petitioner : Mr.R.Venkateswaran
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
first respondent in No.1247/Vu.tha.2/2025 dated 10.12.2025 and direct the
respondents 1 and 2 to release the petitioner's son Vinoth,S/o.Ayyar, PID No.
239945 on an ordinary leave for 30 days in the light of the representation dated
04.12.2025 on the file of the first respondent.
2. It is the case of the petitioner that his son was convicted in C.C.
No.153 of 2020 on 29.08.2022 for the offence under Sections 8(c) r/w.20(b)(ii)
(C) of NDPS Act and sentenced to undergo ten years rigorous imprisonment
Aggrieved over the same, the convict has not preferred an appeal before this
Court. While being so, the petitioner being father of the convict submitted
representation seeking 30 days ordinary leave for the convict, however it was
rejected on the ground that the person convicted under NDPS Act is not eligible
for leave as per rule 21(h)(3) of Tamil Nadu Suspension of Sentence Rules
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3. A perusal of the record reveals that the petitioner is having some
health issues, therefore this Court is inclined to grant five days emergency
leave to the convict with single escort.
4. Accordingly, the impugned order passed by the first 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 with single escort to the convict
prisoner namely, Vinoth,S/o.Ayyar, PID No.239945
from 02.03.2026 to 06.03.2026. The convict prisoner
shall be released from the prison on 02.03.2026 at 6.00
am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail,Madurai / second respondent, by
06.03.2026 at 6.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
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Manual.
(v)The escort charges shall be borne by the petitioner and if
necessary, the same shall be adjusted from the income
earned by the convict prisoner during the imprisonment
period.
[G.K.I., J.] [N.S, J.]
27.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 27.02.2026
To:
1. The Deputy Inspector General Prison and Correctional Services Department Madurai Range, Madurai
2. The Superintendent of Prison Central Prison, Madurai District
3. The Superintendent of Police Madurai District
4. The Inspector of Police NIB-CID Police Station Madurai District
5. The Additional Public Prosecutor
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Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN, J.
and N.SENTHILKUMAR, J.
aav
27.02.2026
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