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2026 Supreme(Online)(Mad) 34737
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN, JJ
Tamilselvi – Appellant
Versus
The Deputy Inspector General of Prison, Madurai Zone, Madurai-625 016. – Respondent
W.P.Crl.(MD).No.2209 of 2026
For Petitioner: Mr.R.Narayanan
For Respondents: Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
Court may interfere to grant ordinary leave to life convict on humanitarian grounds despite pending case.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution seeking to quash the rejection of ordinary leave for a life convict and direct grant of leave. The mother cited her ailment requiring son's support, but leave was denied due to a pending case. Court noted convict's service of over seven years and prior leave grants. Issues framed: whether rejection justified given humanitarian grounds and convict's record. Ratio: Interference warranted considering circumstances, prior judicial leave, and materials.
Result: Order set aside; 28 days ordinary leave granted with reporting and surety conditions.
| Table of Content |
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| 1. challenges rejection of ordinary leave for life convict. (Para 1) |
| 2. petitioner's representation rejected due to pending case; convict's long service noted. (Para 2 , 3 , 4) |
| 3. court sets aside order, grants 28 days leave with conditions. (Para 5) |
This writ petition has been filed challenging the proceedings of the second respondent made in No.255/UTH.2/2026, dated 23.03.2026 and for a direction to the first respondent to grant ordinary leave to the convict, who is presently serving life sentence at Palayamkottai Central Prison.
2. Heard the learned counsel on either side.
3. The petitioner, who is the mother of the life convict, submitted a representation seeking for ordinary leave for her son on the ground that the petitioner is suffering from ailment and she required physical and emotional support of her son. The request made by the petitioner came to be rejected by the second respondent on the ground that there is a pending case before the Additional District and Sessions Court, Madurai.
4. The learned Additional Public Prosecutor on instructions submitted that the convict has already served sentence for seven years, eleven months and twenty seven days and that even on earlier occasion, he was granted leave by the order passed by this Court.
5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, we are inclined to interfere with the order passed by the second respondent and accordingly, the same is set aside. There shall be a direction to the second respondent to grant 28 days ordinary leave to the life convict with a condition that he will report before the fourth respondent daily at 06.00 p.m., during the entire ordinary leave period. Apart from that condition, the detenu is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Palayamkottai, 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 second respondent shall stand as it is.
