Vinoth v. The State of Tamilnadu

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the impugned proceedings of the third respondent dated 26.02.2026 and for a consequential direction to the third respondent to grant 21 days ordinary leave without police escort to the detenu, who is the brother of the petitioner and who is presently lodged at Central Prison, Trichy.

¶2Heard the learned counsel on either side.

¶3The petitioner' brother is a life convict, who is presently undergoing sentence at Central Prison, Trichy.

¶4The petitioner submitted a representation to the third respondent seeking for ordinary leave on the ground that the detenu's wife is suffering from lung disease and that she requires treatment and hence, the funds will have to be arranged for giving treatment.

¶5The third respondent, on considering the representation, passed the impugned order dated 26.02.2026 granting 21 days ordinary leave with police escort. The petitioner is aggrieved by the condition imposed by the third respondent providing ordinary leave with police escort.

¶6The learned Additional Public Prosecutor appearing for the respondents submitted that the detenu was sentenced to death and later, this Court modified the sentence to one of life imprisonment. He further submitted that this is the first time, the detenu is being granted leave and therefore, the third respondent has thought it fit to impose stringent condition on the detenu being accompanied by a police escort.

¶7In our considered view, the reason given in the representation made by the petitioner is that the detenu's wife is suffering from serious illness and that she requires treatment. Therefore, instead of a police escort accompanying with the detenu, we are inclined to modify the condition.

¶8In the result, the condition imposed in the impugned proceedings of the third respondent dated 26.02.2026 is modified and there shall be a direction to the detenu to report before the Inspector of Police, Malaiyur Police Station, Pudukkottai District, daily at 10.30 a.m., and

05.30 p.m. during the entire period of ordinary leave. Apart from that condition, the detenu is permitted to execute the sureties before the Superintendent of Prison, Central Prison, Trichy, instead of executing the sureties before the Tahsildar and two sureties shall be the family members of the detenu. The other conditions imposed by the third respondent shall stand as it is.

¶9This Writ Petition (Criminal) is disposed of in the above terms.

[N.A.V., J.] & [P.D.B., J.]

05.03.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Tricy-620 023.

4.The Superintendent of Prison, Central Prison, Trichy-620 020.

5.The Inspector of Police, Malaiyur Police Station, Pudukkottai District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESHo,oJ. AND oP.DHANABAL,oJoo. TSG W.P.Crl.(MD).No.1328oofo2026

05.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.Crl.(MD).No.1328 of 2026 Vinoth ....... Petitioner Vs. 1.State of Tamil Nadu, represented by its Principal Secretary to Government, Home, Prohibition and Excise (Prison-IV) Department, Fort St.George, Chennai-600 009. 2.The Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008. 3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Tricy-620 023. 4.The Superintendent of Prison, Central Prison, Trichy-620 020. 5.The Inspector of Police, Malaiyur Police Station, Pudukkottai District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent vide his proceedings in No.RO-TRY/589/2025-CA, dated 26.02.2026 and quash the same as illegal and void, consequently grant 21 days ordinary leave without police escort to the petitioner's brother Anand, S/o Thangarasu, PID No.369504, lodged at Central Prison, Trichy forthwith, considering his representation dated 25.10.2025. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor