BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 07.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

and

THE HONOURABLE MS.JUSTICE R.POORNIMA

W.P.Crl.(MD) No.41 of 2026

Anandhi ... Petitioner

-vs-

1.The Deputy Inspector General of Prisons

O/o the Deputy Inspector General of

Prison and Correctional Services

Madurai Range,

Madurai Central Prison Campus,

Madurai

2.The Superintendent of Prison

Central Jail,

Madurai

3.The Superintendent of Police

O/o.The Superintendent of Police

Madurai District

4.The Inspector of Police

Usilampatti Police Station

Madurai ..Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus to call for the records passed by the first

respondent in No.1174/Vu.tha.3/2025 dated 20.11.2025 and quash the same as bad in law and direct the respondents 1 and 2 to grant 30 days ordinary leave to the petitioner's husband namely Malaisami, S/o. Ramu, C.P.No.3035 who is languishing in Madurai Central Prison.

For Petitioner : Dr.Lakshmi Krishna Komara For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

The prayer in the petition is to quash the impugned order passed by the first respondent in No.1174/Vu.tha.3/2025 dated 20.11.2025 and direct the respondents 1 and 2 to grant 30 days ordinary leave to the petitioner's husband namely Malaisami, S/o. Ramu, C.P.No.3035 who is languishing in Madurai Central Prison.

2. The husband of the petitioner was convicted by the I Additional Special NDPS Court, Madurai in S.C.No.244 of 2021 for the offences under Sections 8(c) r/w.20(b)(ii)(c) and 29(1) of NDPS Act and sentenced to undergo rigorous imprisonment for 20 years with fine Rs.2,00,000/- i/d simple imprisonment for three years on 29.04.2025. The husband of the petitioner has not filed any appeal so far. While being so, the petitioner had applied ordinary leave for a period of thirty days for her husband for the reason that they do have child and the petitioner is taking treatment and therefore sought for cohabitation right.

3. The learned Additional Public Prosecutor, on instructions, submitted that the husband of the petitioner is so far languishing in jail for nearly eight months from the date of conviction. That apart the husband of the petitioner is facing six similar case, therefore the husband of the petitioner is not eligible for ordinary leave as per Section 35 of Tamil Nadu Suspension of Sentence Rules, 1982. Further the convict who is facing conviction under NDPS Act and also facing trial for similar offence is not eligible for leave as per Rule 21(h),(3) of Tamil Nadu Suspension of Sentence Rules 1982 in G.O.No.205, Home (Prison- V)Department, dated 25.04.2022. The husband of the petitioner is eligible for leave only after completion of three years of imprisonment as per new Rule 22 (1)(c) of Tamil Nadu Suspension of Sentence Rules, 1982 in G.O.No.205 Home (Prison-V)Department , dated 25.04.2022, thereby the first respondent has rightly rejected the request made by the petitioner seeking ordinary leave for 30 days for her husband.

4. In view of the same, this Court does not find any infirmity or illegality in the order passed by the first respondent, hence the petition stands dismissed.

[G.K.I., J.] [R.P., J.]

07.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1.The Deputy Inspector General of Prisons O/o the Deputy Inspector General of Prison and Correctional Services Madurai Range, Madurai Central Prison Campus, Madurai

2.The Superintendent of Prison Central Jail, Madurai

3.The Superintendent of Police O/o.The Superintendent of Police Madurai District

4.The Inspector of Police Usilampatti Police Station Madurai

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J .

and R.POORNIMA , J .

aav

07.01.2026