[Cites 1, Cited by 0]
Madras High Court
Mrs.T.Blessita vs The Home Secretary on 13 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.Crl.No.514 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.P.Crl.No. 514 of 2026
and
WPMP Crl.No. 149 of 2026
Mrs.T.Blessita, F/A 38
W/o. Thiyagarajan
No.399/2D/2, 6th Street,
Lions Town, South Garden Road,
Tuticorin – 628 001. .. Petitioner
vs
1.The Home Secretary,
Home Department (Prison),
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Deputy Inspector General of Prisons,
Chennai Range, Chennai.
3.The Superintendent of Prison,
Central Prison – I,
Puzhal, Chennai – 600 066.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus calling for the records
relating to the proceedings in No.74/Muu1/2026 dated 18.02.2026 by the
2nd respondent and quash the same and consequently direct the 2 nd
1/6
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W.P.Crl.No.514 of 2026
respondent to grant 28 days ordinary leave without escort to the
petitioner’s husband Thiyagarajan, s/o Murugensan, aged 44 years,
(Convict Prisoner No.8434) is to grant 28 days ordinary leave without
escort, confined at Central Prison I, Puzhal, Chennai.
For Petitioner : Mr.P.M.Boris
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Slvester John
ORDER
(Made by Dr. ANITA SUMANTH, J.)
The wife of one Thiyagarajan @ Thiyagu (convict), presently
confined in Central Prison – I, Puzhal, Chennai, has sought a
certiorarified mandamus to quash order dated 18.02.2026 rejecting the
request for 28 days ordinary leave for the convict.
2. The reason assigned in the impugned order is that there are
several pending cases against him and the same reason is reiterated in the
counter filed by respondents citing Rule 35 of the Tamil Nadu Suspension
of Sentence Rules, 1982.
3. We have heard Mr.Boris, learned counsel for petitioner and
Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by
Mr.M.Slvester John, for the respondents.
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4. It is true that Rule 25 places a bar upon the grant of leave in
cases of convicts as against whom cases are pending. It is also true that
Rule 40 vests authority in the government to exempt any prisoner from all
or any provisions of the Rules. In the present case, the respondents have
not thought it fit to exercise the power of exemption under Rule 40 and
on a perusal of the counter, we do not believe that their decision is
misconceived.
5. There are three pending cases as against the convict, in Crime
Nos.85 of 2012 and 729 of 2012, pending before the learned Additional
District Judge (FTC), Nagercoil and Crime No. 614 of 2016, pending
before the learned Assistant Sessions Court, Padmanabhapuram.
6. However, we accede to the petitioner’s request for leave on two
grounds. Firstly, the convict has been granted bail in the aforesaid
pending matters. Secondly, this Court, on consideration of a similar
request for the earlier periods, has granted leave without escort in
W.P.No. 17498 of 2024 on 23.07.2024, W.P.No. 3387 of 2025 on
22.02.2025 and in W.P.(Crl) No. 475 of 2025 on 12.09.2025.
7. Having regard to the aforesaid position, the impugned order is
set aside and this Writ Petition allowed. The petitioner’s request for grant
of ordinary leave is restricted to 10 days commencing from 18.03.2026,
without police escort, and, on the following conditions:
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(i)The respondents are directed to release the convict viz.,
Thiyagarajan, S/o. Murugesan, aged about 44 years, Convict
Prisoner No.8434, PID No. 239015, confined at Central
Prison - I, Puzhal, Chennai-66, on ordinary leave for a period
of ten (10) days without escort i.e., from 18.03.2026 to
27.03.2026.
(ii)The convict shall be released on 18.03.2026 at 10.00 A.M.
and is directed to surrender before the Superintendent of
Prisons, Central Prison-I, Puzhal, Chennai, on 27.03.2026 by
5.30 p.m.
(iii)The convict shall report before the Inspector of Police,
Thoothukudi South Police Station, Thoothukudi District, on
alternate days at 11.00 A.M, during the period of leave.
(iv)During the leave period, the Convict Prisoner shall abide
by all the conditions prescribed in the Jail Manual.
Connected Miscellaneous Petition is closed.
[A.S.M, J.] [S.M, J.]
13.03.2026
Neutral Citation:Yes/No
ssm
Note to Registry : Issue on 16.03.2026
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To
1.The Home Secretary,
Home Department (Prison),
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Deputy Inspector General of Prisons,
Chennai Range, Chennai.
3.The Superintendent of Prison,
Central Prison – I,
Puzhal, Chennai – 600 066.
4.The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi.
5.The Public Prosecutor,
High Court, Madras.
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DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm
13.03.2026
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