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2026 Supreme(Online)(Mad) 32664
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Shanthi – Appellant
Versus
The Deputy Inspector General of Prisons – Respondent
WP Crl. No. 811 of 2026
For Petitioner(s): Ms.S.Nadhiya
For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr.M.Sylvester John
Court modified prisoner leave surety condition from Tahsildar to prison superintendent due to administrative unavailability.
Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus to direct prison authorities to accept a personal bond and sureties from the mother of a life convict for granting 28 days ordinary leave, as previously approved but conditioned on execution before the Tahsildar. The court noted the prior order dated 17.03.2026 granting leave subject to producing two sureties before the Tahsildar, but revenue officials were unavailable due to election duties, causing delay. The court modified the condition to allow execution before the Superintendent of Prisons. The primary issue was modification of surety execution condition for prisoner leave due to administrative unavailability. The court reasoned that permitting sureties before the prison superintendent satisfied the requirement, avoiding delay. Writ petition allowed; condition modified to execution before Superintendent, granting leave upon compliance.
| Table of Content |
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| 1. petition seeks mandamus for surety modification due to election duties. (Para 2) |
| 2. prosecution consents to superintendent for sureties. (Para 3) |
This Writ Petition has been filed by the mother of a life convict Dheena @ Dinesh, seeking a mandamus to the respondents to permit the convict to produce two sureties and execute a bond before the Superintendent of Prisons, Central Prison, Puzhal.
2. By an order dated 17.03.2026 the 2ndrespondent had granted leave of 28 days to the convict prisoner on the condition that he should produce two sureties and execute a bond before the Tahsildar. According to the learned counsel for the petitioner, since the revenue officials are busy in election duty, the convict is unable to produce sureties and execute the bond and hence there is a delay in the release of the convict prisoner.
3. Learned Additional Public Prosecutor, on instructions, would submit that the convict prisoner may be permitted to produce sureties and execute the bond before the Superintendent of Central Prisons – 1, Puzhal.
4. Accordingly, we modify the condition imposed under order dated 17.03.2026 to the effect that the convict prisoner shall produce two sureties and execute the bond to the satisfaction of Superintendent of Central Prisons – 1, Puzhal. On such execution, the convict prisoner shall be granted leave.
