S.Saroja v. The Deputy Inspector General of Prison

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The brother of the convict Mani @ Velumani (convict) S/o. Kumarasamy Gounder presently lodged in Central Prison, Coimbatore has approached this Court challenging rejection of ordinary leave of 40 days without escort under impugned order dated 11.12.2025. The authorities have rejected the plea for leave on the basis of adverse police report and anticipating law and order problem if the convict returns home, as the family of the victim resides in the same neighbourhood.

¶2We have heard Mr.M.Mohamed Saifulla, learned counsel for the petitioner and Mr.A.Amarnath, learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

¶3The Probation Officer has found the reasons seeking leave to be genuine and true. That apart, we find that the convict has availed 40 days leave on the intervention of this Court in W.P.No.21654 of 2024 by order dated

28.08.2024, that too without escort.

¶4We have carefully perused the objection of the police authorities. We do not find any specific reason that would support the apprehension of the police authority that there would be a law and order problem. Hence, we are of the view that the Convict may be granted leave as sought, seeing he has suffered a total incarceration of 15 years, 11 months and 15 days as on 15.05.2026.

¶5Accordingly, we allow this writ petition (criminal) and impugned order dated 11.12.2025 is set aside and ordinary leave of 40 days without escort is granted, though on the following conditions:

(i) Respondents are directed to release the Convict Prisoner viz., Mani @ Velumani, S/o.Kumarasamy Gounder, aged 56 years, confined at Central Prison, Coimbatore on Ordinary Leave for a period of 40 days i.e., from 30.07.2026 to

07.09.2026.

(ii) The Convict Prisoner shall be released on 30.07.2026 at

10.00 am and he shall surrender before the Central Prison, Coimbatore on 08.09.2026 before 10.00 a.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Cheyur Police Station, Tiruppur District every day between 4.00 p.m., and 4.30 p.m., during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground for which it has been granted and shall not indulge in any other activities. (A.S.M.,J.) (S.M.,J.) 28-07-2026 vs Index: Yes/No Speaking order Note to Registry: Issue order copy by 29.07.2026. To

1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 012.

2.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore-641 012.

3.The Inspector of Police, Cheyur Police Station, Tiruppur.

4.The Public Prosecutor, High Court of Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs 28-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Saroja W/o Subramaniam, Door No.91/3, Kanadankulam Puthur, Cheyur, Avinashi, Tiruppur DT-641 655. ..Petitioner(s) Vs 1. The State rep by its, The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 012. 2. The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore-641 012. 3. The Inspector Of Police Cheyur Police Station, Tiruppur. ..Respondent(s) Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or Direction to call for the records pertaining with an impugned order in No.1328/mu.u.2/2025 dated 11.12.2025 passed by the 1st respondent and quash the same and direct the respondent to grant 40 days leave without escort to the petitioner's brother / convict namely Mani @ Velumani S/o Kumarasamy Gounder (PID No.24356). For Petitioner(s): Mr.M.Mohamed Saifulla For Respondent(s): Mr. A. Amarnath, Counsel for Government of Tamil Nadu (Criminal Side)