[Cites 9, Cited by 0]
Madras High Court
Elangovan vs The Deputy Inspector General Of on 8 January, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
W.P.Crl.(MD)No.54 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.01.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
W.P.Crl.(MD)No.54 of 2026
Elangovan ... Petitioner
-vs-
1.The Deputy Inspector General of
Prisons and Correctional Services,
Trichy Range, Race Course Road,
Trichy-620 023.
2.The Superintendent of Prison,
Central Prison,
Trichy-620 020.
3.The Superintendent of Police,
O/o.The Superintendent of Police,
Trichy District.
4.The Inspector of Police,
Musiri Police Station,
Trichy District. ... Respondents
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W.P.Crl.(MD)No.54 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order passed by the first respondent vide
proceedings in No.RO.TRY/505/2025-CA dated 24.09.2025 and quash
the same as illegal and consequently direct the first respondent to grant
28 days Ordinary Leave without police escort to the petitioner namely
Elangovan, S/o.Nallthambi, Life Convict Prisoner, PID No.886 confined
at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by G.K. ILANTHIRAIYAN,J.)
This writ petition has been filed challenging the order
passed by the first respondent dated 24.09.2025, thereby, rejecting the
request made by the petitioner seeking Ordinary Leave.
2. It is the case of the petitioner that he was convicted by the
learned Principal Sessions Judge, Karur in S.C.No.18 of 2012, for the
offence punishable under Sections 449, 302 r/w 34 IPC and 394 r/w 397
IPC and he was sentenced to undergo Life Imprisonment. He is
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languishing imprisonment for more than 11 years. While being so, the
petitioner applied for 28 days Ordinary Leave to arrange finance for his
son's education. The said representation was rejected on the ground that
the petitioner was convicted for the offence punishable under Sections
392 r/w 120(b), 394 r/w 397 and 392, 397 r/w 34 IPC and therefore, the
petitioner is not eligible for Ordinary Leave as per Rule 21(b) of Tamil
Nadu Suspension of Sentence Rule, 1982.
3. The learned counsel appearing for the petitioner would
submit that the petitioner was not availed any ordinary leave. Now,
petitioner's family is suffering from financial crisis and hence, the
presence of the petitioner is very much necessary to arrange the finance
for his family members and also for his son's education.
4. Per contra, the learned Additional Public Prosecutor
appearing for the respondents submitted that the petitioner is not only
convicted for the offences punishable under Sections 392 and 397 IPC,
but he was also convicted for the offences punishable under Sections
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302(3 counts), 394 r/w 397 IPC in S.C.No.18 of 2012 by the judgment
dated 10.03.2014. Further, he was convicted for the offence under
Section 120-B, 449 r/w 120-B, 392 r/w 397-B, 302(3 counts) in S.C.No.
94 of 2012 by the judgment dated 05.06.2017 and he was also convicted
for the offences punishable under Sections 364, 302 404 of IPC in
S.C.No.104 of 2017. That apart, Rule 21(b) of the Tamil Nadu
Suspension of Sentence Rule 1982 does not permits the petitioner for
granting Ordinary Leave. If at all any emergency situation, the petitioner
can very well apply for Emergency Leave, that too, for one or two days.
5. Therefore, the request made by the petitioner was rightly
rejected by the first respondent and there is no infirmity or illegality in
the impugned order. Accordingly, this writ petition is dismissed.
[G.K.I., J.] [R.P., J.]
08.01.2026
am
NCC :Yes/No
Index: Yes/No
Internet: Yes/No
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To
1.The Deputy Inspector General of
Prisons and Correctional Services,
Trichy Range, Race Course Road,
Trichy-620 023.
2.The Superintendent of Prison,
Central Prison,
Trichy-620 020.
3.The Superintendent of Police,
Trichy District.
4.The Inspector of Police,
Musiri Police Station,
Trichy 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.
am
08.01.2026
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