Citation : 2026 Latest Caselaw 2628 Mad
Judgement Date : 20 May, 2026
W.P.(Crl.) No.1135 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.1135 of 2026
and
W.P.M.P.(Crl) No.379 of 2026
Navamani
W/o.Kandasamy .... Petitioner
-vs-
1. The Home Secretary
Home Department (Prison)
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Zone,
Coimbatore.
3. The Superintendent of Prison,
Central Prison,
Salem. .... 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 relating to the proceedings in No.640/Muu/2026 dated 21.03.2026 by
the second respondent and quash the same and direct the second respondent to
grant 28 days ordinary leave without escort to petitioner’s brother Duraisamy,
S/o.Palanisamy, PID 20951, who is presently confined at Central Prison, Salem.
https://www.mhc.tn.gov.in/judis
W.P.(Crl.) No.1135 of 2026
For Petitioner : Ms.R.Bakiyalakshmi
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 brother namely, Duraisamy, S/o.Palanisamy, PID
20951, is undergoing life sentence. He is presently housed in the third
respondent prison. Even though the convict has undergone more than 12 years
imprisonment, he has not applied for ordinary leave so far. For the first time, he
sought ordinary leave. His request was granted vide order dated 21.03.2026.
However, it was stipulated that the prisoner will be accompanied by a police
escort. Aggrieved by the said condition, this writ petition has been filed.
3. Since the petitioner does not belong to an affluent background, we are
conscious of the financial implications imposed upon the prisoner. Considering
the overall circumstances, we delete the said condition. However, the convict-
prisoner, has to report before the local police station i.e., Annadanampatti Police
Station, daily at 7.00 p.m. when he is on leave.
https://www.mhc.tn.gov.in/judis
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, Duraisamy, S/o.Palanisamy, [PID 20951], now
detained at Central Prison, Salem, 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, Annadanampatti Police Station, Salem District, 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
Speaking order / Non-speaking order Neutral Citation : Yes/No ms/mk
https://www.mhc.tn.gov.in/judis
To
1. The Home Secretary Home Department (Prison) Secretariat, Fort St.George, Chennai – 600 009.
2. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
3. The Superintendent of Prison, Central Prison, Salem.
4. The Public Prosecutor, High Court, Madras.
Copy to:
The Inspector of Police, Annadhanapatti Police Station, Salem 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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