[Cites 1, Cited by 0]
Madras High Court
Gandhi vs The Inspector General Of Prisons on 12 March, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.CRl..(MD).No.1408 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P.Crl.(MD).No.1408 of 2026
Gandhi ....... Petitioner /Father of the detenu
Vs.
1.The Inspector General of Prisons,
Vepery High Road,
Chennai.
2.The Deputy Inspector General of Prison,
Trichy District.
3.The Superintendent of Prison,
Trichy Central Prison,
Trichy District. ...... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records of the
second respondent in No.RO.TRY.414/2025 CA dated 25.09.2025 and
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W.P.CRl..(MD).No.1408 of 2026
quash the same as illegal and arbitrary and consequently thereby directing
the respondents to grant one month leave for the petitioner's son without
any escort.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed challenging the proceedings of the
second respondent in No.RO.TRY.414/2025 CA dated 25.09.2025,
wherein, the second respondent while granting 21 days ordinary leave to
the detenu, imposed a condition that the detenu will be accompanied by an
escort.
2. Heard the learned counsel on either side.
3. The petitioner is the father of the detenu. The detenu was
convicted and sentenced to undergo life imprisonment by the Mahila
Court, Pudukkottai in S.C.No.123 of 2016, by judgment dated 04.10.2021.
This judgment was further confirmed by this Court in Crl.A.(MD).No.482
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W.P.CRl..(MD).No.1408 of 2026
of 2021 by judgment dated 23.06.2022. The detenu approached the
Hon'ble Apex Court and the Hon'ble Apex Court in Crl.A.No.860 of 2023
modified the sentence to seven years.
4. The detenu has undergone sentence for four years five months and
four days and is presently confined at Central Prison, Trichy.
5. The petitioner submitted a representation before the second
respondent seeking for grant of ordinary leave of 21 days to the detenu.
The same was considered and the impugned proceedings dated 25.09.2025
came to be issued by the second respondent for granting ordinary leave,
however, with a condition that the detenu will be accompanied by an
escort. This condition has been put to challenge in the present writ
petition.
6. The learned Additional Public Prosecutor appearing for the
respondents submitted that this is the first time the detenu has been granted
ordinary leave and hence, the second respondent thought it fit to impose a
condition that the detenu must be accompanied by an escort.
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W.P.CRl..(MD).No.1408 of 2026
7. In our considered view, the sentence had already been modified
by the Hon'ble Apex Court to seven years and out of that, the detenu has
undergone sentence of four years five months and four days. Considering
the nature of offence and considering the reasons for which the ordinary
leave was granted, this Court is inclined to modify the condition.
8. Accordingly, instead of providing an escort, there shall be a
direction to the detenu to report before the Inspector of Police,
Thirumayam Police Station daily at 06.00 p.m., during the entire period of
ordinary leave. Apart from that condition, the detenu is permitted to
submit the sureties before the Superintendent of Prison, Central Prison,
Trichy, instead of executing the sureties before the Tahsildar and two
sureties shall be the family members of the detenu. The other conditions
imposed by the second respondent shall stand as it is.
9. This Writ Petition (Criminal) is disposed of with the above
directions.
[N.A.V., J.] & [P.D.B., J.]
12.03.2026
NCC : Yes / No
Index : Yes / No
TSG
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W.P.CRl..(MD).No.1408 of 2026
Copy to
1.The Inspector General of Prisons,
Vepery High Road,
Chennai.
2.The Deputy Inspector General of Prison,
Trichy District.
3.The Superintendent of Prison,
Trichy Central Prison,
Trichy District.
4.The Inspector of Police,
Thirumayam Police Station.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P.CRl..(MD).No.1408 of 2026
N.ANAND VENKATESH , J.
AND
P.DHANABAL, J.
TSG
W.P.Crl.(MD).No.1408 of 2026
12.03.2026
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