K.Sasikala v. The Secretary to the Government

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The representation of the petitioner for ordinary leave for her husband Praveen Kumar, who is a convict in Central Prison, Vellore, was rejected on

27.05.2026.

¶2The reason for rejection is the bar under Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short "Rules), as per which, prisoners convicted for offences under Section 392 read with Section 397 IPC are not entitled to leave, such as the convict in this case.

¶3The reasoning in the impugned order aligns by the said Rules and hence, we cannot fault the authorities for having passed the impugned order.

¶4Be that as it may, on considering the facts of this case, we are of the considered view that the convict may be released on leave, for the following reasons:

(i) The convict has been incarcerated for 5 years, 10 months and 09 days as on 08.07.2026 and is hence, eligible for leave sought for otherwise

(ii) We had sought report of the Probation Officer, which is in favour of the convict, in that the officer has found the reason seeking leave to be true.

(iii) The reasons are that the convict's son, who is completing his XII Standard is to be admitted in College and that maintenance and repairs work have to be carried out in his home, appeal.

(iv) The Police have no-objection to the convict being granted leave.

(v) This Court, by intervening in W.P.No.39011 of 2024 by order dated

22.01.2025, has granted 21 days ordinary leave to the convict and no untoward incident was reported then.

¶5For the aforesaid reasons, exercising discretion under Article 226 of the Constitution of India, we direct the authorities to grant ordinary leave to the convict without escort for a period of 28 days, commencing from 19.08.2026, though on the following conditions:

(i) Respondents are directed to release the Convict Prisoner viz.,Praveen Kumar S/o.Singaram, aged 40 years, confined at Central Prison, Vellore on Ordinary Leave for a period of 28 days i.e., from 19.08.2026 to 17.09.2026.

(ii) The Convict Prisoner shall be released on 19.08.2026 at

10.00 am and he shall surrender before the Central Prison, Coimbatore on 18.09.2026 before 10.00 a.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, K.V.Kuppam Police Station, twice a week, i.e, on Tuesdays and Fridays, at 04.30 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 is disposed of in the above terms. Connected Miscellaneous Petition is also closed. (A.S.M.,J.) (S.M.,J.) 17-08-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. To

¶1The Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St. George, Chennai.

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

¶3The Superintendent of Prison, Central Prison, Vellore. WP.Crl.No.1594oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. WP.Crl.No.1594oofo2026 17-08-2026 Pageo8oofo8

W.P.Crl.No.1594 of 2026 Dr. ANITA SUMANTH, J. and SUNDER MOHAN , J. (Order of the Court was made by Dr. ANITA SUMANTH, J.) This matter is listed under the caption 'for being mentioned' in a special list at the mention of Mr.Malarvannan for correction of an inadvertent error in paragraph 5(ii) of the order dated 17.08.2026. 2. In place of 'Central Prison, Coimbatore', the words Central Prison, Vellore shall stand substituted. 3. Barring the aforesaid, the order remains unaltered. Registry to issue a fresh copy of the order. [A.S.M, J.] [S.M, J.] 18.08.2026 Note: Registry to issue a fresh copy of the order today after incorporating necessary corrections. WP.Crl.No.1594oofo2026 Dr.oANITAoSUMANTH,oJ. and oSUNDERoMOHANoo,oJo. WP.Crl.No.1594oofo2026 18.08.2026 Pageo2oofo8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-08-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WP.MP.CRL.No.560 of 2026 K.Sasikala W/o Praveen Kumar, Residing at 15, Mariyamman Kovil Street, Melkavanur Post, Vellore. ..Petitioner Vs 1. The Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St. George, Chennai. 2. The Deputy Inspector General of Prisons, Vellore Range, Vellore. 3. The Superintendent of Prison, Central Prison, Vellore. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in the order No RO-VLR/178/2026-CAMP(A) dated 27.05.2026 passed by the respondent No.2 and quashing the same, and directing the respondents to grant 28 days ordinary leave for the petitioners husband namely Praveen Kumar S/o Singaram, aged about 40 years, Convict Prisoner, PID NO.298123, Central Prison, Vellore. For Petitioner: Ms.S.Nadhiya For Respondents: Mr.C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)