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2026 Supreme(Online)(Mad) 32608

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
N.Eswari – Appellant
Versus
The Deputy Inspector General of Prison, Coimbatore Range – Respondent
WP Crl. No. 822 of 2026



Advocates:
For the Appellants/Petitioners: Mr. M. Mohamed Saifulla for Mr.P.Pugalenthi
For the Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John

Prison authorities must promptly communicate and implement granted ordinary leave to convicts without unjustified delay.

Headnote:First Paragraph: Under Article 226 of the Constitution of India, the petitioner sought mandamus for release of convict on ordinary leave. The convict's leave application was granted on 04.08.2025, sureties furnished, yet release delayed without communication. Court found no justification for denial, noting compliance with procedures. Second Paragraph: Issue framed as enforcement of granted leave order despite delays. Ratio: Authorities must adhere to timelines under Tamil Nadu Suspension of Sentence Rules, 1982, completing ordinary leave processing within 28 days; delays defeat purpose. Court recorded prosecution's concession for release. Third Paragraph: Writ petition allowed; convict directed for release on 18.04.2026 for 28 days without escort, subject to reporting and surrender conditions.

Table of Content
1. petition seeks enforcement of granted ordinary leave. (Para 1 , 2)
2. prosecution concedes to convict's leave permission. (Para 3)
3. writ allowed with specific release conditions. (Para 4)

The petitioner seeks a mandamus for release of her son Tamil Selvan @

Karthi, S/o.Nagaraj, male aged 32 years, who is presently confined in Central Prison, Coimbatore.

2. Based on his requestion for 28 days ordinary leave, an order appears to have been passed on 04.08.2025 granting him leave. According to the petitioner, he has not been supplied with a copy of the order but the same is supplied to the Court now. Thereafter, the petitioner was directed to furnish sureties which have also been furnished. We hence see no justification whatsoever for not permitting the convict to go on leave.

3. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, faced with this position, accedes to the position that the convict has been granted leave, and there is no reason to deny him permission to avail the same. He states that the convict will be permitted to go on leave from the day after tomorrow (i.e., 18.04.2026) onwards for a period of 28 days as per order dated 04.08.2025, though without escort. We record the same.

4. This Writ Petition is allowed and the petitioner’s request for grant of ordinary leave of 28 days without police escort is granted on the following conditions:

(i)The respondents are directed to release the convict viz., Tamil Selvan @ Karthi, S/o.Nagaraj, aged about 32 years, confined at Central Prison, Coimbatore, on ordinary leave for a period of twenty eight (28) days without escort i.e., from 18.04.2026 to 15.05.2026.

(ii)The convict shall be released on 18.04.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Coimbatore, on 16.05.2026 before 10.00 A.M.

(iii)The convict shall report before the Race Course Police Station, Coimbatore, twice a week, i.e., on every Monday and Thursday at 10.30 A.M, during the period of leave.

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