Citation : 2026 Latest Caselaw 151 Mad
Judgement Date : 9 January, 2026
W.P.Crl.(MD) No.107 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.107 of 2026
Ramachandran ... Petitioner
-vs-
The State Rep. by
1.The Secreatary to Government of Tamil Nadu
Home Department
Fort St.George,
Chennai- 600 009.
2. The Deputy Inspector General of Prisons
Madurai Range
Madurai- 625001
3.The Superintendent of Prison
Central Prison,
Palayamkottai- 627007
4. The Superintendent of Police
Office of the Superintendent of Police
Tirunelveli- 627 426
5. The Inspector of Police
Mukkudal Police Station
Mukkudal- 627 601 ....Respondents.
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W.P.Crl.(MD) No.107 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India to issue
a writ of Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned order No.1135/Vu.tha.2/2025 dated 28.11.2025 issued by the
second respondent and quash the same and consequently direct the
respondents to grant ordinary leave for 60 days without escort to the detene
namely Palani, S/o. Sangarapandi, aged 49 years convict No.4296 confined at
Central Prison, Palayamkottai.
For Petitioner : Mr.S.Manoharan
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 Writ Petition is to quash the impugned order passed by
the second respondent in 1135/Vu.tha.2/2025 dated 28.11.2025 and direct the
respondents to grant ordinary leave for 60 days without escort to the detenu
namely Palani, S/o. Sangarapandi, aged 49 years convict No.4296 confined at
Central Prison, Palayamkottai.
2. The petitioner is the brother of the convict prisoner. His brother was
convicted for the offence under Sections 148,435 r/w.149 and 302 of IPC and
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sentenced to under go life imprisonment by the II Additional District and
Sessions Court, Tirunelveli in S.C.No.61 of 1999 on 05.03.2015. Aggrieved by
the same, the convict also preferred an appeal before this Court in Crl.A(MD)
No.427 of 2007 and the same was also confirmed by this Court and against
which he has filed an appeal before the Hon'ble Supreme Court and the
judgment of the trial Court was also confirmed by the Hon'ble Supreme Court..
The brother of the petitioner is in jail for more than six years. While being so,
the brother of the convict has applied for ordinary leave for the
convict,however the same was rejected.
3. The learned Additional Public Prosecutor, on instruction, submitted
that the convict has earlier availed ordinary leave for the period from
05.11.2024 to 25.12.2024 and he is only eligible for ordinary leave after
25.12.2025. However at the time of giving representation seeking ordinary
leave the convict was not eligible for ordinary leave, therefore the request
made by the petitioner was rejected.
4. In view of the same, this Court does not find any infirmity or illegality
in the order passed by the second respondent, hence the petition stands
dismissed. However now the brother of the petitioner is eligible for ordinary
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leave ie., after 25.12.2025. Therefore the petitioner can make a fresh
representation seeking ordinary leave with valid grounds. On receipt of such
representation the second respondent is directed to consider and dispose the
same on its own merits and in accordance with law.
[G.K.I., J.] [R.P., J.]
09.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
To:
1.The Secreatary to Government of Tamil Nadu Home Department Fort St.George, Chennai- 600 009.
2. The Deputy Inspector General of Prisons Madurai Range Madurai- 625001
3.The Superintendent of Prison Central Prison, Palayamkottai- 627007
4. The Superintendent of Police Office of the Superintendent of Police Tirunelveli- 627 426
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5 The Inspector of Police Mukkudal Police Station Mukkudal- 627 601
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.K.ILANTHIRAIYAN, J.
AND R.POORNIMA, J.
aav
09.01.2026
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