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2026 Supreme(Online)(Mad) 43711

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Amul – Appellant
Versus
Deputy Inspector General of Prisons – Respondent


Advocates:
For the Appellants/Petitioners: S.Nadhiya
For the Respondents: C.R.Malarvannan

Table of Content
1. overview of the petition for prisoner ordinary leave. (Para 1 , 2)
2. pending trials do not automatically invalidate leave requests. (Para 3)
3. granting mandatory leave with specific reporting conditions. (Para 4 , 5)

(Order of the Court was made by G.R.SWAMINATHAN, J . )

Heard both sides.

2. The petitioner’s brother is undergoing life sentence in the second respondent Prison. The petitioner’s brother has spent more than four years in the prison. The petitioner applied for 21 days’ ordinary leave for her brother, which was rejected by the first respondent on the ground that the convict is facing other cases which are pending trial. Challenging the rejection order dated 04.05.2026, the writ petition has been filed.

3. The learned counsel for the petitioner has brought to our notice that even though cases are pending trial, that would not be a ground to deny the request for ordinary leave. We are satisfied with the reasons set out in the affidavit filed in support of the petitioner.

4. We direct the respondents to grant twenty one (21) days ordinary leave for the convict without escort.

5. Accordingly, the impugned order dated 04.05.2026 is quashed and the writ petition i

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