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2026 Supreme(Online)(Mad) 41534

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N Anand Venkatesh, K K Ramakrishnan, JJ
Vaithabanu – Appellant
Versus
The Deputy Inspector General of Prison – Respondent
W.P.Crl.(MD).No.2595 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.Vignesh
For the Respondents: Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

Grant of ordinary leave to life convicts may be allowed when previous compliance with leave conditions is shown.

Headnote:The petition filed under Article 226 of the Constitution of India challenges the rejection of ordinary leave under the provisions of the Prisons Act, 1894. The petitioner seeks leave for a life convict serving sentence at Central Prison, Madurai, on the ground that the convict's mother is suffering from an ailment requiring support. The court held that considering the facts and circumstances where previous leaves were granted without any violations, interference with the impugned order is warranted. The court framed the issue on whether the rejection based on objections from the Probation Officer and Police was sustainable. The ratio decidendi is that previous compliance with leave conditions and absence of adverse incidents justify grant of leave with appropriate safeguards. The writ petition is disposed with direction to grant 28 days ordinary leave subject to daily reporting and submission of sureties by family members.

Table of Content
1. background and facts of the case (Para 1 , 2 , 3)
2. court's reasoning and decision (Para 4)

O R D E R

[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.23/Ootha.2/2026 dated 07.01.2026 and for a direction to the first and second respondents to grant 28 days ordinary leave to the petitioner's brother, who is serving sentence at Central Prison, Madurai.

2. Heard the learned counsel on either side.

3. The petitioner's brother is a life convict, who is presently serving sentence at Central Prison, Madurai. He has served sentence for 10 years and 7 days. A representation was made by the petitioner seeking for ordinary leave on the ground that the convict's mother is suffering from ailment and she required the physical and emotional support of the convict. However, the said representation came to be rejected by the first respondent through the impugned proceedings dated 07.01.2026 on the ground that the objections were raised both by the Probation Officer as well as the Police. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the convict has been granted leave on earlier occasions and he has complied with the conditions and nothing untoward took place, this Court is inclined to interfere with the proceedings of the first respondent dated 07.01.2026 and the same is hereby set aside. There shall be a direction to the first respondent to grant 28 days ordinary leave to the convict subject to the condition that he will report before the fourth respondent daily at 06.00 p.m., during the entire period of ordinary leave.

Apart from that condition, the convict is permitted to submit the sureties before the Superintendent of Prison, Central Prison, Madurai, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the convict. The other conditions imposed by the first respondent shall stand as it is.

5. This Writ Petition (Criminal) is disposed in the above terms.

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