Rajeshwari vs The State Represented By Its, The ...
2026 Latest Caselaw 2615 Mad

Madras High Court

Rajeshwari vs The State Represented By Its, The ... on 20 May, 2026

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                           W.P.(Crl.) No.1139 of 2026




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.05.2026

                                                        CORAM

                          THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                            AND
                        THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                             W.P.(Crl) No.1139 of 2026
                                                        and
                                            W.P.M.P.(Crl) No.380 of 2026

                Rajeshwari
                W/o.Rahuman                                                ....   Petitioner
                                                     -vs-

                The State represented by its
                1.    The Secretary to the Government of Tamil Nadu
                      Home (Prison IV) Department
                      The Secretariat of Tamil Nadu
                      Chennai-600 009.

                2.        The Deputy Inspector General of Prison
                          Central Prison, Puzhal
                          Chennai-600 066.

                3.        The Superintendent
                          Central Prison, Puzhal
                          Chennai - 600 066.                               ....   Respondents


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
                records pertaining to the impugned order bearing No.35/Muvu 1/2025 dated
                22.04.2026 passed by the 2nd respondent and quash the same and consequently,


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                                                                            W.P.(Crl.) No.1139 of 2026



                direct the respondents to grant ordinary leave for 30 days without escort to the
                detenu, Rahuman, Son of Zakir Hussain, aged about 36 years, PID No.50568,
                confined at Central Prison, Puzhal-I.

                                    For Petitioner   :     Mr.S.Manoharan

                                    For Respondents :     Mr.R.Muniyapparaj
                                                          Additional Public Prosecutor


                                                         ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.)

Heard both sides.

2. The writ petitioner’s husband namely, Rahuman [PID No.50568], Son

of Zakir Hussain, is a life convict, who is undergoing sentence in the Central

Prison, Puzhal. He has so far spent 9 years imprisonment in the Prison. The

convict prisoner submitted an application to the respondents seeking grant of 30

days ordinary leave. The said request was rejected vide order dated 22.04.2026

by citing Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.

3. Our attention is drawn to the order dated 18.04.2024 in W.P.No.9081 of

2024 [S.Amaravathi Vs. The Secretary to Government and Others] in which

even though the same Rule was cited, the Hon’ble Division Bench chose to

grant the relief.

4. We are inclined to adopt the very same relief. In this view of the

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matter, the impugned order stands quashed and the convict-prisoner is granted

thirty (30) days ordinary leave without escort.

5. The writ petition is allowed on the following conditions:~

(a)The convict-prisoner, Rahuman [PID No.50568], Son of Zakir

Hussain, now detained at Central Prison, Puzhal, Chennai, is granted ordinary

leave for thirty (30) days from 27.05.2026 to 25.06.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m.,

on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 26.06.2026.

(c) During the said leave period, he shall report before the Inspector of

Police, Ennore Police Station, Chennai, daily at 07.00 p.m., from 27.05.2026

onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the

conditions prescribed in the Jail Manual.

Consequently, connected miscellaneous petition is closed.

                                                                         [G.R.S.,J.]       [V.L.N.,J.]
                                                                              20.05.2026
                Index : Yes/No
                Neutral Citation : Yes/No

Speaking order / Non-speaking order mk/ms

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To

The State represented by its

1. The Secretary to the Government of Tamil Nadu Home (Prison IV) Department The Secretariat of Tamil Nadu Chennai-600 009.

2. The Deputy Inspector General of Prison Central Prison, Puzhal Chennai-600 066.

3. The Superintendent Central Prison, Puzhal Chennai-600 066.

4. The Public Prosecutor, High Court, Madras.

Copy to:

The Inspector of Police, Ennore Police Station, Chennai.

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G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

mk/ms

and

20.05.2026

https://www.mhc.tn.gov.in/judis