Kala v. The Deputy Inspector General of Prison

O R D E R [Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the second respondent in No.136/Vu.tha.2/2026 dated 09.02.2026 and direct the respondents to grant parole/Emergency leave for 21 days to petitioner's father Maniraj(43 years)S/o.Karuppasamy, CP No.6272, PID No.53447.

¶2It is the case of the petitioner that his father was convicted by the District Court, Madurai in Spl.S.C.No.267 of 2019 on 21.12.2022 and sentenced to undergo life imprisonment for the kidnapping case. Aggrieved over the same, the convict has also filed an appeal before this Court in Crl.A(MD) No.144 of 2023 and the same is pending. While being so, marriage of the petitioner was fixed on 22.02.2026 and as such the petitioner has sought for 21 days ordinary leave for her father to attend the marriage and also for making other arrangements, however it was rejected on the ground that the petitioner's father is facing one more trial and as such he is not entitled for leave.

¶3The learned Additional Public Prosecutor, on instructions, submitted that Rule 21(2) (h) of Tamil Nadu Suspension of Sentence Rules, 1982, does not permit to grant any leave for the persons convicted under Section 364(A) of IPC.

¶4A perusal of the record reveals that the convict's daughter marriage is fixed on 22.02.2026 with one Vinoth Kumar, therefore this Court is inclined to grant five days emergency leave to the convict.

¶5Accordingly, the impugned order passed by the second respondent is set aside and writ petition is disposed of with the following directions:

(i) The respondents are directed to grant five days emergency leave without escort to the petitioner's father namely Maniraj (43 years)S/o.Karuppasamy, CP No.6272, PID No.53447. from 19.02.2026 to

23.02.2026. The convict prisoner shall be released from the prison on 19.02.2026 at 6.00 am.,

(ii) He shall report back to the Superintendent of Prison, Central Jail, Madurai / second respondent, by

24.02.2026 at 5.00pm..,

(iii) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities,

(iv) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(v) During the leave period the convict prisoner shall report before the fourth respondent daily at 5.30 pm., without fail.

[G.K.I., J.] [R.P., J.]

18.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

aav Note: Issue order copy on 18.02.2026 To:

1.The Deputy Inspector General of Prison, Madurai Range, Madurai.

2.The Superintendent of Prison, Central Prison, Madurai

3.The Superintendent of Police Madurai District

¶4The Inspector of Police Sattur Town Police Station, Sattur, Virudhunagar District

¶5The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. oG.K.ILANTHIRAIYANoo,oJo. and oR.POORNIMAoo,oJo. aav W.P.Crl.(MD)oNo.950oofo2026

18.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Kala ... Petitioner -vs- 1.The Deputy Inspector General of Prison, Madurai Range, Madurai. 2.The Superintendent of Prison, Central Prison, Madurai 3.The Superintendent of Police Madurai District 4. The Inspector of Police Sattur Town Police Station, Sattur, Virudhunagar District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating tot he impugned rejection order in No.136/Vu.tha.2/2026 dated 09.02.2026 issued by the second respondent and quash the same as illegal and consequently direct the respondents to grant parole/Emergency leave for 21 days to petitioner's father Maniraj(43 years)S/o.Karuppasamy, CP No.6272, PID No.53447. For Petitioner : Mr.J.Yogeswaran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor