[Cites 2, Cited by 0]
Madras High Court
Venkadasubbu vs The Deputy Inspector General Of Prisons on 6 March, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
WP CRL.(MD). No.1350 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06/03/2026
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR. JUSTICE P.B. BALAJI
WP CRL.(MD). No.1350 of 2026
Venkadasubbu, ... Petitioner
Vs
1. The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Trichy Range,
Trichy..
2. The Superintendent,,
Central Prison,
Trichy.. ... Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order in No.RO.TRY/108/2025.CA dated
22.02.2026 passed by the respondent and quash the same as illegal and
consequently, direct the respondent to release the petitioner's son,
1/7
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WP CRL.(MD). No.1350 of 2026
namely, Ravibalan, S/o.Venkadasubbu, (PID No.405958) on ordinary
leave/emergency leave for 30 days for arranging medical expenses of the
petitioner's son.
For Petitioner : M/s.S.Prabha,
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 impugned
proceedings of the first respondent made in No.RO.TRY/108/2025.CA
dated 22.02.2026 and for a direction to the respondents to release the
petitioner's son who is undergoing sentence before the Central Jail,
Tiruchirapalli.
2. The petitioner's son was convicted and sentenced for the
offence under the TNPID Act, by the Special Court under TNPID Act
Cases, Madurai in C.C.No.33 of 2023, dated 03.03.2022. The said order
was subsequently confirmed by this Court in Crl.A(MD).No.260 of 2022,
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by an order dated 12.03.2024 and on further appeal before the Apex
Court, the sentence alone was modified to 7 years.
3. The petitioner's son is presently serving sentence in the Central
Jail, Tiruchirappalli. The petitioner who is the father of the detenu
submitted a representation seeking for ordinary leave on the ground that
he is a aged person and he is suffering from several ailments. Apart from
that, he also claimed that he is a widower and there is no one to take care
of him.
4. First respondent, through the impugned proceedings dated
22.02.2026 rejected the representation of the petitioner mainly on the
ground that there is a pending case in C.C.No.673 of 2022 before the
learned Principal Sessions Judge, Dindigul. Aggrieved by the same,
present petition has been filed before this Court.
5. This Court has carefully considered the submissions made on
either side and the materials available on record.
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6. It is seen from records that the petitioner's son was granted
ordinary leave by this Court in W.P(MD).No.30882 of 2024 by an order
dated 19.12.2024 for the period from 23.12.2024 to 08.01.2025. Apart
from that, the petitioner's son was also granted emergency leave by an
order passed by this Court in W.P(MD).No.2377 of 2025, dated
29.01.2025 for the period from 31.01.2025 to 07.02.2025.
7. The case that is pending against the detenu is a case of the year
2022. Even when the earlier ordinary leave and emergency leave were
granted, this case was pending. Therefore, the same yardstick has to be
applied while considering the request made by the petitioner seeking for
ordinary leave for his son.
8. We are also taking into consideration the fact that the petitioner
is a widower, aged about 86 years and he has no support and he is also
suffering from various ailments.
9. In the light of the above discussion, we are inclined to interfere
with the order passed by the first respondent in
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No.RO.TRY/108/2025.CA, dated 22.02.2026 and the same is hereby set
aside. There shall be a direction to the first respondent to grant ordinary
leave for 21 days to the petitioner's son by imposing necessary
conditions. While passing the order, instead of ordering for an escort, a
direction can be given to report before the concerned jurisdictional police
station daily at 5:30 PM, during the entire ordinary leave period.
10. In the result, this writ petition is allowed with the above
directions.
[N.A.V., J.] & [P.B.B., J.]
06.03.2026
NCC : Yes / No
Index : Yes / No
TTA
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To,
1. The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Trichy Range,
Trichy..
2. The Superintendent,,
Central Prison,
Trichy..
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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N.ANAND VENKATESH, J.
AND
P.B. BALAJI J.
ORDER
IN
Date : 06/03/2026
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