Chellammal v. The State of Tamil Nadu

O R D E R (Order of the Court was made by

G.R.SWAMINATHAN, J.

) Heard both sides.

¶2The petitioner's son namely, Karuppu @ Karuppusamy, S/o.Muthurasu [PID No.42608], is undergoing life sentence in the Central Prison, Coimbatore. He was convicted for the offences under Sections 302 (2 counts), 449, 404 and 381 of IPC. So far, he has undergone more than 9 years of imprisonment. The petitioner submitted an application to the respondents seeking grant of 28 days ordinary leave. The said request was rejected on the ground that the Probation Officer has not recommended the convict prisoner's case. Challenging the impugned order, the writ petition has been filed.

¶3We went through the report of the Probation Officer. It is seen that even though the Probation Officer has endorsed the case of the petitioner almost in all aspects, the Probation Officer declined to recommend it on the ground that the reason cited by the writ petitioner was not correct. We are of the view that we need not take a strict view of the remand. Hence, the impugned order stands quashed.

4.We direct the respondents to grant twenty eight (28) days ordinary leave for the convict without escort.

¶5The writ petition is allowed on the following conditions:~

(a) The convict-prisoner, Karuppu @ Karuppusamy, S/o.Muthurasu [PID No.42608], now detained at Central Prison, Coimbatore, is granted ordinary leave for twenty eight (28) days from 27.05.2026 to 23.06.2026 without escort.

(b) The convict prisoner shall be released from the prison at 05.00 p.m., on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 24.06.2026.

(c) During the said leave period, he shall report before the Inspector of Police, Lalgudi Police Station, Tiruchirappalli District, daily at 07.00 p.m., from

27.05.2026 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [V.L.N.,J.]

20.05.2026 Index : Yes/No ms/mk To

¶1The Additional Chief Secretary to Government, State of Tamil Nadu, Home (Prisons) Department, Secretariat, Fort St.George,Chennai – 600 009.

¶2The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

¶3The Superintendent of Prisons, Central Prison, Coimbatore.

¶4The Public Prosecutor, High Court, Madras. Copy to: The Inspector of Police, Lalgudi Police Station, Tiruchirappalli District. W.P.(Crl.)oNo.1186oofo2026 G.R.SWAMINATHAN,oJ. AND V.LAKSHMINARAYANAN,oJ. ms/mk o W.P.(Crl)oNo.1186oofo2026 and W.P.M.P.(Crl)oNo.394oofo2026

20.05.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.05.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(Crl) No.1186 of 2026 and W.P.M.P.(Crl) No.394 of 2026 Chellammal W/o.Mutharasu (late) .... Petitioner -vs- 1. The State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home (Prisons) Department, Secretariat, Fort St.George, Chennai – 600 009. 2. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008. 3. The Superintendent of Prisons, Central Prison, Coimbatore. .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in the order No.393/tha.uu.1/2026 dated 21.04.2026 passed by the second respondent and quash the same and consequently directing the respondents to grant 28 days ordinary leave without escort for the petitioner's son namely Karuppu @ Karuppusamy, S/o.Muthurasu, aged about 30 years, Pid No.42608, Convict Prisoner, Central Prison, Coimbatore. For Petitioner : Ms.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor