Veeramuthu v. The Deputy Inspector General of Prisons

ORDER (Order of the Court was made by Sunder Mohan J.)

The petitioner, who is a life convict, has challenged the impugned order, by which, his request for ordinary leave for 28 days has been rejected. The probation officer had not recommended the grant of leave on the ground that the reasons stated for leave are not true.

2.The learned counsel for the petitioner would submit that the petitioner's house is in a dilapidated condition and requires repair immediately; that though his two sons are employed, their income is not sufficient to make both ends meet; and that his presence, therefore, is required for making financial arrangements for the family.

3.Per contra, the learned counsel for Government of Tamil Nadu (Criminal Side) would submit that the impugned order cannot be faulted; that leave cannot be claimed as a matter of right; and since the probation officer has not recommended leave, there if no infirmity in the rejection of the petitioner's request. He would however, fairly concede that this Court by an order dated 14.08.2025 in W.P.No.6275 of 2025 had granted 19 days ordinary leave without escort and by an order dated 19.08.2024 in W.P.No.19887 of 2024 had granted 21 days ordinary leave without escort to the petitioner.

4.Even according to the probation officer, the petitioner's sons, though employed, are receiving a paltry salary. The pictures of the petitioner's house produced by the petitioner, which is not disputed by the respondents, suggests that the request of the petitioner to repair the house is not unreasonable or unjustified. The petitioner is otherwise entitled for leave of 28 days as he is in custody for nearly 13 years. He had returned from the last leave on 09.04.2025.

5.Considering the above facts, we are if the view that the petitioner would be entitled to ordinary leave for 28 days and the impugned order rejecting the said request is not justified.

¶6Accordingly, this Writ Petition is allowed and the impugned order is set aside. The convict prisoner is granted Ordinary Leave without escort for a period of 28 days commencing from 30.07.2026 on the following conditions:

(i) The respondents are directed to release the convict viz., Veeramuthu, S/o.Paulraj, aged 46 years, Convict PID No.1994 confined at Central Prison-1, Puzhal, Chennai, on ordinary leave without escort, for a period of twenty-eight (28) days i.e., from

30.07.2026 to 26.08.2026.

(ii) The convict shall be released on 30.07.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison-1, Puzhal, Chennai, on 27.08.2026 before

10.00 A.M.

(iii) The convict shall report before the jurisdictional police i.e., Valasaravakkam Police Station, Chennai, daily at 10.30 a.m., during the period of leave, except the date of release and surrender.

(iv) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual. (A.S.M.,J.) (S.M.,J.) 28-07-2026 Index: Yes/No Speaking/Non-speaking order TSG Note: Issue order copy today. To

¶1The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

¶2The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai – 600 066.

¶3The Public Prosecutor, High Court of Madras. WPoCrl.No.1485oofo2026 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. TSG W.P.oCrl.No.1485oofo2026 and W.P.M.P.oCrl.No.518oofo2026 28-07-2026 Pageo6oofo6

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 W.P. Crl.No.1485 of 2026 and W.P.M.P. Crl.No.518 of 2026 Veeramuthu ...Petitioner Vs 1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008. 2. The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai – 600 066. ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records bearing No.224/mu.uu.1/2026 dated 29.05.2026 passed by the respondent no.1 and quashing the same and consequently directing the respondents to grant 28 days ordinary leave by without escort for the petitioner namely Veeramuthu S/o Paulraj aged about 46 years, Convict Prisoner, Pid No.1994, confined in Central Prison - 1, Puzhal, Chennai. For Petitioner: Ms.S.Nadhiya For Respondents : Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side)