Chinnaponnu v. The State Rep by Its

Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner is the wife of Annamalai (convict), son of Chinnappan, who is confined in Central Prison, Coimbatore. The convict had been sentenced to undergo rigorous imprisonment for 10 years and fine for offences under Section 392 IPC, imprisonment of life for 3 years and fine for offences under Section 302 IPC and rigorous imprisonment for 6 months for an offence under Section 201 IPC. The sentences were ordered to run concurrently.

¶2Pending this petition, the petitioner has been transferred from Central Prison, Coimbatore to Central Prison, Salem. We hence suo motu implead the Superintendent, Central Prison, Salem as R4, and Mr.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) accepts notice for newly impleaded respondent. Registry to correct array.

¶3The petitioner had sought ordinary leave of 28 days which has come to be rejected by way of impugned order dated 21.03.2026 on the ground that the request was hit by the bar under Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short, 'Rules'). Rule 21 deals with the categories of convicts who are not eligible for the grant of ordinary leave. Clause (b) of Rule 21 states that prisoners sentenced under Sections 392 to 402 IPC are ineligible for ordinary leave.

¶4When the matter is taken up today, Mr.Malarvannan fairly states that, as on date i.e., 30.07.2026, the convict has completed sentence of 10 years and 17 days. He hence has completed the sentence imposed for offence under Section 392 IPC and with this, there remains no further ineligibility under Rule

¶21To be noted that the convict has been granted 28 days ordinary leave from

22.05.2025 to 21.03.2025 by intervention of this Court in WP No. 3646 of 2025 dated 13.02.205.

¶5In light of the aforesaid, the impugned order dated 21.03.2026 has no longer any force as on date, and we set aside the same. We direct the authorities to grant 28 days ordinary leave without escort to the convict commencing from

01.08.2026, though with following conditions:

(i) Respondents are directed to release the Convict Prisoner viz., Annamalai, S/o.Chinnappan, confined at Central Prison, Salem on Ordinary Leave for a period of 28 days i.e., from

01.08.2026 to 28.08.2026.

(ii) The Convict Prisoner shall be released on 01.08.2026 at

10.00 am and he shall surrender before the Central Prison, Salem on 29.08.2026 before 10.00 a.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Mettur Police Station, every day between

4.00 p.m., and 05.00 p.m., during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

¶6This writ petition (criminal) stands allowed in terms of this order. No costs. (A.S.M.,J.) (S.M.,J.) 30-07-2026 Index: Yes/No Speaking order ssm Note to Registry : Issue copy on or before 31.07.2026 To

¶1The Deputy Inspector General of Prisons, Egmore, Chennai-600 008.

¶2The Deputy Inspector General of Prisons Coimbatore Range, Coimbatore.

¶3The Superintendent of Central Prison (Conviction) Coimbatore, Coimbatore District.

¶4The Superintendent, Central Prison, Salem.

¶5The Inspector of Police, Mettur Police Station, Salem.

¶6The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. ssm 30-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Chinnaponnu W/o. Annamalai, No.190-176A12, Mariyamman Kovil Street, Ponnagar, Mettur Taluk, Salem District. ..Petitioner(s) Vs 1. The State Rep by its Deputy Inspector General of Prisons, Egmore, Chennai-600 008. 2. The Deputy Inspector General of Prisons Coimbatore Range, Coimbatore. 3. The Superintendent of Central Prison (Conviction), Coimbatore, Coimbatore District. 4. The Superintendent, Central Prison, Salem. (suo motu impleaded vide this order) ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF CERTIORIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of writ to call for the records pertaining to the impugned order bearing No.252/MOVU/2026 dated 21-3-2026 passed by the 2nd respondent and quash the same and subsequently directing the respondents to grant 28 days of ordinary leave without escort to my husband Annamalai son of Chinnappan convict No.19602 confined in Central Prison, Coimbatore and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. For Petitioner(s): Ms.P. Hasnah For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)