Citation : 2026 Latest Caselaw 2620 Mad
Judgement Date : 20 May, 2026
W.P.(Crl.) No.1186 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.1186 of 2026
and
W.P.M.P.(Crl) No.394 of 2026
Chellammal
W/o.Mutharasu (late) .... Petitioner
-vs-
1. The State of Tamil Nadu,
Represented by its
Additional Chief Secretary to Government,
Home (Prisons) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Deputy Inspector General of Prisons,
Chennai Range,
Prison Head Quarters,
Whannels Road,
Egmore, Chennai – 600 008.
3. The Superintendent of Prisons,
Central Prison,
Coimbatore. .... 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
https://www.mhc.tn.gov.in/judis
W.P.(Crl.) No.1186 of 2026
records in the order No.393/tha.uu.1/2026 dated 21.04.2026 passed by the
second respondent and quash the same and consequently directing the
respondents to grant 28 days ordinary leave without escort for the petitioner’s
son namely Karuppu @ Karuppusamy, S/o.Muthurasu, aged about 30 years, Pid
No.42608, Convict Prisoner, Central Prison, Coimbatore.
For Petitioner : Ms.S.Nadhiya
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 petitioner’s son namely, Karuppu @ Karuppusamy, S/o.Muthurasu
[PID No.42608], is undergoing life sentence in the Central Prison, Coimbatore.
He was convicted for the offences under Sections 302 (2 counts), 449, 404 and
381 of IPC. So far, he has undergone more than 9 years of imprisonment. The
petitioner submitted an application to the respondents seeking grant of 28 days
ordinary leave. The said request was rejected on the ground that the Probation
Officer has not recommended the convict prisoner’s case. Challenging the
impugned order, the writ petition has been filed.
https://www.mhc.tn.gov.in/judis
3. We went through the report of the Probation Officer. It is seen that
even though the Probation Officer has endorsed the case of the petitioner almost
in all aspects, the Probation Officer declined to recommend it on the ground that
the reason cited by the writ petitioner was not correct. We are of the view that
we need not take a strict view of the remand. Hence, the impugned order stands
quashed.
4.We direct the respondents to grant twenty eight (28) days ordinary leave
for the convict without escort.
5. The writ petition is allowed on the following conditions:~
(a) The convict-prisoner, Karuppu @ Karuppusamy, S/o.Muthurasu [PID
No.42608], now detained at Central Prison, Coimbatore, is granted ordinary
leave for twenty eight (28) days from 27.05.2026 to 23.06.2026 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 24.06.2026.
(c) During the said leave period, he shall report before the Inspector of
Police, Lalgudi Police Station, Tiruchirappalli District, daily at 07.00 p.m., from
27.05.2026 onwards, without fail.
https://www.mhc.tn.gov.in/judis
(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
ms/mk
To
1. The Additional Chief Secretary to Government, State of Tamil Nadu, Home (Prisons) Department, Secretariat, Fort St.George,Chennai – 600 009.
2. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.
3. The Superintendent of Prisons, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
Copy to:
The Inspector of Police, Lalgudi Police Station, Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
AND V.LAKSHMINARAYANAN, J.
ms/mk
and
20.05.2026
https://www.mhc.tn.gov.in/judis
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