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2026 Supreme(Online)(Mad) 41643

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, K. Rajasekar, JJ
Sangeetha – Appellant
Versus
The State of Tamilnadu – Respondent
W.P.Crl.(MD) No.2756 of 2026



Advocates:
For the Appellants/Petitioners: Mr.C.Karthikeyan
For the Respondents: Mr.R.M.Anbunithi Additional Public Prosecutor

An ordinary leave application of a life convict is not maintainable unless the convict has completed three years of imprisonment as per the Tamil Nadu Suspension of Sentence Rules, 1982.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the impugned order passed by the third respondent. The petitioner's brother was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The impugned order rejected the petitioner's application for ordinary leave on the grounds that the convict had not completed the minimum period of three years of sentence. The petitioner challenged the rejection of ordinary leave on the basis that it was illegal and void. The Court held that the convicts claim for ordinary leave was governed by Sections 22(1)

(C) of the Tamil Nadu Suspension of Sentence Rules, 1982. The Court found no infirmity or illegality in the decision of the respondent as the convict had not completed three years of imprisonment. The petition was dismissed. The petitioner's brother is however entitled for emergency leave in accordance with law.

Table of Content
1. facts of case and petitioner's prayer (Para 1 , 2)
2. court's reasoning for rejecting ordinary leave (Para 3)
3. final order dismissing petition and permitting emergency leave (Para 4)

5. The Inspector of Police Srivaikundam Police Station Thoothukudi District. ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the Impugned Order passed by the 3rd respondent vide proceedings in No. RO- TRY/662/2025-CA, dated 27.02.2026 and quash the same as illegal and void and consequently grant 21 days ordinary leave without police escort to the petitioner's brother namely Muthuramalingam, S/o.Arunachalam, (PID No. 270596) confined at Central Prison, Trichy forthwith considering the representation dated 25.10.2025.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

The prayer in the petition is to quash the impugned order passed by the third respondent in No. RO-TRY/662/2025-CA, dated 27.02.2026 and direct the third respondent to grant 21 days ordinary leave without police escort to the petitioner's brother namely Muthuramalingam, S/o.Arunachalam, (PID No. 270596) confined at Central Prison, Trichy forthwith considering the representation dated 25.10.2025

2. It is the case of the petitioner that her brother was convicted by the II Additional District and Session Court, Thoothukudi in SC No.236 of

2020 on 03.07.2024 and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Aggrieved over the same, the convict has not filed any appeal so far. While being so, the petitioner applied for ordinary leave for her brother however it was rejected on the ground that the convict has not completed minimum period of three years of sentence.

3. On perusal of records, it is revealed that the convict has not completed three years of imprisonment, thereby he is not eligible for ordinary leave under Sections 22(1)(C) of Tamil Nadu Suspension of Sentence Rules, 1982, therefore this Court finds no infirmity or illegality in the order passed by the first respondent.

4. In view of the same, the petition stand dismissed. However the petitioner's brother is entitled for emergency leave in accordance with law. Therefore the petitioner is at liberty to apply for emergency leave , if so, advised.

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