IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026 CORAM THE HON'BLE MR JUSTICE P. VELMURUGAN AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN W.P.Crl.No. 358 of 2026 and W.P.M.P.CRL.No. 108 of 2026 Sagayamary W/o.Selvam ..Petitioner(s)

Vs

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

2. The Deputy Inspector General of Prison Coimbatore Range, Central Prison, Coimbatore- 641 018.

3. The Superintendent of Prison Central Prison Coimbatore, Coimbatore- 641 018.

..Respondent(s)

Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.44/Tha.Vu.2/2026 dated

20.01.2026 passed by the 2^nd respondent and quash the same and consecutively direct the 3^rd respondent to grant emergency leave for 15 days without escort to the detenu, Selvam, S/o.Gurusamy, aged about 54 years, PID No.24347, detained at Central Prison, Coimbatore.

For Petitioner(s): Mr. S.Manoharan For Respondent(s): Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John

O R D E R

(Order of the Court was made by P.Velmurugan J.)

This writ petition has been filed challenging the order passed by the second respondent vide No.44/Tha.Vu.2/2026, dated 20.01.2026, and consequently, seeking a direction to the third respondent to grant emergency leave for 15 days, without escort, to the detenu, Selvam, S/o.Gurusamy, aged about 54 years, PID No.24347, presently detained in the Central Prison, Coimbatore.

2. It is the case of the petitioner that her husband, Selvam, S/o.Gurusamy, aged about 54 years, is a life convict prisoner (PID No.24347) presently detained in the Central Prison, Coimbatore. The petitioner would submit that she had undergone a surgical operation relating to the uterus in the preceding years, and she is not in a position to manage the family independently. Further, her younger son, who was employed in a private industry, met with an accident on 09.10.2025 and underwent surgery, for which the petitioner incurred medical expenses exceeding Rs.3,00,000/-. It is stated that he has to undergo another surgery within two months. Owing to the said medical expenses, the petitioner has fallen into debt and is also required to meet the educational expenses of her younger daughter, who is pursuing her studies. It is further stated that the family has decided to sell 36 cents of land standing in the name of the convict prisoner and that his presence is essential to complete the necessary formalities and to resolve the aforesaid circumstances. Hence, the petitioner submitted a representation dated 31.12.2025 to the respondents seeking grant of 40 days’ ordinary leave and 15 days’ emergency leave, without escort, to the convict prisoner. However, the second respondent rejected the request on the ground that the convict prisoner is not eligible to avail ordinary leave under Rule 22(3) of Tamil Nadu Suspension of Sentence Rules [hereinafter referred to as ‘the said Rules’]. Aggrieved by the same, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that the convict has been undergoing a sentence for nearly seventeen years and, having maintained a good conduct in the prison, is eligible to be considered for emergency leave under Rules 6 and 7 of the Tamil Nadu Suspension of Sentence Rules, 1982. He further contended that although the second respondent rejected the request for ordinary leave on the ground that the convict prisoner is not eligible under Rule 22(3) of the said Rules, the authority failed to consider and grant emergency leave upon the petitioner’s request as contemplated under Rule 40 of the said Rules.

4. Per contra, the learned Additional Public Prosecutor appearing for the respondents-Police submitted that the request of the petitioner seeking grant of 40 days’ ordinary