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
| 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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