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2026 Supreme(Online)(Mad) 30789
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMKRISHNAN, JJ
Velmani – Appellant
Versus
The Deputy Inspector General of Prison – Respondent
W.P.Crl.(MD).No.1688 of 2026
For Petitioner: Mrs.Dr.Lakshmi Prasanna Komara
For Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
Court denied ordinary leave under Prison Manual for NDPS convict but granted limited emergency leave for family event with conditions.
Headnote:The petitioner challenged the rejection of ordinary leave under the Tamil Nadu Prison Manual for a convict sentenced under the NDPS Act to ten years' imprisonment. The court noted a clear bar on granting ordinary leave due to the offence's nature, refusing to create exceptions. Facts involved a representation for 28 days' leave, rejected vide proceedings No.564.Thaku.2/2025 dated 17.03.2026, with the convict serving at Central Prison, Madurai. Issues framed included whether ordinary leave could be granted despite the manual's bar and consideration of emergency leave for the convict's daughter's marriage. The court observed parity with a co-accused granted leave by the Principal Bench but held the NDPS offence precluded ordinary leave; however, emergency leave was permissible under the circumstances, supported by wedding invitation evidence. The court granted six days' emergency leave from 11.04.2026 at 10.00 a.m., with conditions including daily reporting to the fourth respondent from 13.04.2026 at 06.00 p.m. and execution of sureties before the prison superintendent by family members.
| Table of Content |
|---|
| 1. challenge to rejection of ordinary leave for ndps convict (Para 1 , 2 , 3) |
| 2. bar on ordinary leave under prison manual noted (Para 4) |
| 3. emergency leave sought for daughter's marriage confirmed (Para 5) |
| 4. six days emergency leave granted with conditions (Para 6) |
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed challenging the proceedings of the first respondent made in No.564.Thaku.2/2025 dated 17.03.2026 and for a consequential direction to the respondents to grant 28 days ordinary leave without escort.
2. The petitioner's husband was convicted for the offence under the NDPS Act and was sentenced to undergo ten years imprisonment. He is serving sentence at Central Prison, Madurai.
3. The petitioner made a representation seeking for 28 days ordinary leave to the convict. The same was rejected by the first respondent and aggrieved by the same, the present writ petition has been filed by this Court.
4. When the matter came up for hearing on 02.04.2026, this Court after hearing both sides, passed the following order:
“When the matter was taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that the co-accused was granted Ordinary Leave by the Principal Bench of this Court.
2. In our considered view, there is a clear bar on granting Ordinary Leave under the Tamil Nadu Prison Manual. Considering the nature of the offence committed, the Court can never create an exception under the Rule.
3. The learned counsel for the petitioner submitted that the detenue can be granted Emergency Leave since the marriage of the daughter has been fixed on 12.04.2026.
4. An additional affidavit shall be filed by the petitioner along with the additional typeset of papers and it shall be served on the learned Additional Public Prosecutor, enabling him to take instructions.
5. Post this case on 10.04.2026.”
5. When the matter was taken up for hearing, the additional typed set of papers was filed along with the wedding invitation. The learned Additional Public Prosecutor on instructions submitted that the marriage of the daughter has in fact been fixed on 12.04.2026.
6. Taking into consideration the facts and circumstances of the case and considering the additional typed set of papers filed before this Court, this Court is inclined to grant six days emergency leave to the convict starting from 11.04.2026 at 10.00 a.m. The first respondent shall impose a condition to the effect that the detenu shall report before the fourth respondent daily at 06.00 p.m., from 13.04.2026 till the end of the emergency leave period. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of Prison, Central Jail, Madurai, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. The other conditions imposed by the first respondent shall stand as it is.
7. This Writ Petition (Criminal) is disposed of in the above terms.
