Citation : 2026 Latest Caselaw 1004 Mad
Judgement Date : 9 March, 2026
2026:MHC:957
WP Crl. No. 519 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
WP Crl. No. 519 of 2026
AND WPMP CRL. NO. 150 OF 2026
Sellammal
W/o. Late Kandasamy,
No.1/107,
Kizhakku Valasu Devendhirar Theru,
Rasipuram, 14 Keeranur,
Pallavanaickenpatti, P.Mettur,
Namakkal District - 636 203.
..Petitioner(s)
Vs
1. The Home Secretary,
Home Department (Prison),
Secretariat, Fort St.George,
Chennai - 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Zone, Coimbatore.
3. The Superintendent of Prison,
Central Prison, Salem.
..Respondent(s)
Prayer: Writ petition filed under Article 226 of Constitution of India for
issuance of a Writ of Certiorarified Mandamus or order or direction in the
nature of writ, calling for the records relating to the proceedings in
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WP Crl. No. 519 of 2026
No.1095/Muu/2025 by the 2nd respondent dated 09.10.2025 and quash the same
and consequently direct the 2nd respondent to grant 21 days ordinary leave
without escort to the petitioner’s son Velu, S/o.Kandasamy PID No.449202,
presently confined at Central Prison, Salem.
For Petitioner(s): Mr.Boris.P.M
for Mr.P.M.Basil
For Respondent(s): Mr. R. Muniyapparaj
Additional Public Prosecutor
Assisted By
Mr. M. Sylvester John
(for R1 to R3)
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
Mr. R. Muniyapparaj, learned Additional Public Prosecutor assisted by
Mr. M.Sylvester John, learned counsel accepts notice for the respondents and
produces a copy of the Probation Officer’s report to the effect that the reasons
cited by the petitioner’s son, one Velu, S/o Kandasamy, PID No.449202,
confined at Central Prison, Salem, seeking leave, have been found to be
factually incorrect. It is, hence, that the impugned order rejecting the request
for leave was passed on 09.10.2025.
2. Faced with this position, Mr.Boris, learned counsel for the petitioner,
on instructions, seeks withdrawal of this Writ Petition. He has also made an
endorsement to this effect.
3. Recording the endorsement made, this Writ Petition (Crl.) and the
connected Miscellaneous Petition are dismissed as withdrawn with liberty to the
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convict to make a representation citing bonafide and true reasons, which, if
made, will be considered by the authorities in accordance with law and in line
with the extant Regulations.
(A.S.M.,J.) (S.M.,J.)
09-03-2026
Index: Yes/No
Speaking order
Neutral Citation: Yes
sl
To
1. The Home Secretary,
Home Department (Prison),
Secretariat,
Fort St.George,
Chennai - 600 009.
2. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
3. The Superintendent of Prison, Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
5. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort. St.George. Chennai – 9.
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DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL
AND WPMP CRL. NO. 150 OF 2026
09-03-2026
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