The court affirmed that a convict's eligibility for leave can be reconsidered in light of prior leave granted, emphasizing the need for flexibility in application of leave policies.

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD) No.1148 of 2026 Umamaheswari ... Petitioner -vs-

1. The State of Tamil Nadu Rep. by its Principal Secretary to Government Home, Prohibition and Excise (Prison-IV) Department Fort St.George, Chennai-9

2. The Director General of Prison and Correctional Services O/o.Tamil Nadu Prisons HeadQuarters Whannels Road, Egmore, Chennai-600 008

3. The Deputy Inspector General of Prisons Trichy Range, Race Course Road, Trichy- 620 023

4. The Superintendent of Prison Central Prison, Trichy 620 020

5. The Inspector of Police Annavasal Police Station Pudukottai District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating to the impugned order passed by the third respondent vide his proceedings in No.RO- TRY/672/2025-CA dated 18.02.2026 consequently grant 15 days ordinary leave without police escort to the petitioner's husband Radhakrishnan, S/o.Chinnasamy, PID No.161936 confined at Central Prison, Trichy based on her representation dated 21.11.2025.

For Petitioner : Mr.C. Karthikeyan 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 third respondent in No.RO-TRY/672/2025-CA dated 18.02.2026 and consequently grant 15 days ordinary leave without police escort to the petitioner's husband Radhakrishnan, S/o.Chinnasamy, PID No.161936 confined at Central Prison, Trichy based on her representation dated 21.11.2025.

2. It is the case of the petitioner that her husband was convicted by the Additional District and Sessions Court, Pudukottai in S.C. No.165 of 2017 dated 10.01.2024. Aggrieved over the same, the convict has also preferred an appeal before this Court in Crl.A(MD) No.212 of 2019 and the same was dismissed by this Court on 02.08.2022.While being so, the petitioner being wife of the convict submitted representation seeking 15 days ordinary leave for her husband, however it was rejected on the ground that already six days emergency leave was granted on 24.10.2025, therefore the convict is only eligible for leave after completion of one year

3. The learned Additional Public Prosecutor submitted that the application earlier filed seeking 15 days emergency leave was rejected by the authorities concerned and the same was challenged before this Court in WP Crl.(MD) No.1631 of 2025 and this Court by an order dated 03.10.2025 has granted emergency leave for a period of six days,. After completion of three years of imprisonment alone the convict is eligible for 21 days ordinary leave.

As of now the convict is only eligible for 15 days emergency leave.

4. Accordingly, the impugned order passed by the third respondent is set aside and writ petition is disposed of with the following directions:

(i) The respondents are directed to grant 15 days emergency leave without escort to the convict prisoner namely, Radhakrishnan, S/o.Chinnasamy, PID No.

161936 confined at Central Prison, Trichy, (ii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (iv) The convict shall report before the fifth respondent daily at 5.30 pm., till the completion of leave period.

(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.