Sandhya v. The Deputy Inspector General of Prisons

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

G.R.SWAMINATHAN, J.

) Heard both sides.

¶2The writ petitioner's husband is a life convict. He has already undergone 20 years of incarceration in the Central Prison, Puzhal, Chennai. The petitioner submitted an application to the respondents seeking grant of 40 days ordinary leave. The said request was rejected vide order dated 07.05.2026 by citing Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.

¶3Our attention is drawn to the order dated 18.04.2024 in W.P.No.9081 of 2024 [S.Amaravathi Vs. The Secretary to Government and Others] in which even though the same Rule was cited, the Hon'ble Division Bench chose to grant the relief.

¶4We are inclined to adopt the very same relief. In this view of the matter, the impugned order stands quashed and the convict-prisoner is granted forty (40) days ordinary leave without escort.

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

(a)The convict-prisoner, Sampath S/o.Panner Selvam, [Convict Prisoner, OJCT No.2008] now detained at Central Prison-1, Puzhal, Chennai, is granted ordinary leave for forty (40) days from 27.05.2026 to 05.07.2026 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 06.07.2026.

(c) During the said leave period, he shall report before the Inspector of Police, E5 Pattinampakkam Police Station, Chennai, 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 Speaking order / Non-speaking order ms/mk 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, Madras. Copy to: The Inspector of Police, E.5 Pattinampakkam Police Station, Chennai. W.P.(Crl.)oNo.1182oofo2026 G.R.SWAMINATHAN,oJ. AND V.LAKSHMINARAYANAN,oJ. ms/mk o W.P.(Crl)oNo.1182oofo2026 and W.P.M.P.(Crl)oNo.391oofo2026

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.1182 of 2026 and W.P.M.P.(Crl) No.391 of 2026 Sandhya W/o.Sampath .... 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. .... 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 bearing No.169/mu.uu.1/2026 dated 07.05.2026 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 40 days without escort to the petitioner's husband namely Sampath S/o.Panner Selvam, aged 61 years, Convict Prisoner, OJCT No.2008, Central Prison-1, Puzhal. For Petitioner : Ms.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor