Balamurugan v. The Deputy Inspector General of Prison

O R D E R (Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

¶2The petitioner is a life convict. He is undergoing incarceration in Central Prison, Madurai. He had so far spent seven years, three months and seventeen days in prison. He is entitled to 28 days ordinary leave. It was also granted by the first respondent vide proceedings dated 22.09.2025. However, two conditions were stipulated. The first was that the petitioner can be granted leave only under escort. The second was that the sureties must execute bond before the jurisdictional Tahsildar. Aggrieved by these twin conditions, this writ petition has been filed. 3 W.P.Crl.(MD)NO.1765 OF 2026

¶3Considering the long incarceration of the petitioner and taking into account his overall past conduct, we are of the view that the petitioner can be granted leave without escort.

¶4Since the elections for the assembly are to be held shortly, the jurisdictional Tahsildar is likely to be engaged in election duties. We therefore permit the execution of bond by the sureties before the jail Superintendent. The impugned order dated 22.09.2025 is accordingly modified.

4.The writ petition is allowed on the following conditions:-

(a)The

convict-prisoner,

Balamurugan, (Convict No.5565) now detained at Central Prison, Madurai is granted ordinary leave for twenty eight

(28) days from 08.04.2026 to 05.05.2026 without escort.

(b) The convict prisoner shall be released from the prison at 10.00 a.m., on 08.04.2026 and he shall return to the prison at 05.00 p.m, on 05.05.2026.

(c) During the said leave period, he shall report before the Inspector of Police, Chinthamani Police 4 W.P.Crl.(MD)NO.1765 OF 2026 Station daily at 6:00 p.m, from 09.04.2026 onwards, without fail.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 1st April 2026

NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 06.04.2026. 5 W.P.Crl.(MD)NO.1765 OF 2026 To:

¶1The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

¶2The Superintendent of Prison, Central Jail, Madurai.

¶3The Superintendent of Police, O/o.the Superintendent of Police, Madurai District.

¶4The Inspector of Police, O/o.Keerathurai police station, Madurai District. 6 W.P.Crl.(MD)NO.1765 OF 2026

G.R.SWAMINATHAN, J. AND

R.POORNIMA, J. PMU W.P.(MD)No.1765 of 2026

01.04.2026

1 W.P.Crl.(MD)NO.1765 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.1765 of 2026 Balamurugan ... Petitioner Vs. 1. The Deputy Inspector General of Prison, O/o.The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai. 2. The Superintendent of Prison, Central Jail, Madurai. 3. The Superintendent of Police, O/o.the Superintendent of Police, Madurai District. 4. The Inspector of Police, O/o.Keerathurai police station, Madurai District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records passed by the first respondent in No. 963/cj2/2025 dated 22.09.2025 and quash the same as bad in law 2 W.P.Crl.(MD)NO.1765 OF 2026 and further direct the respondent No.1 and 2 to grant ordinary leave without escort for the period of 28 days to the petitioner namely Balamurugan, S/o.Bhoominathan C.P.No.5565 (PID No.20388) (petitioner is a convict prisoner in a murder case and languishing in Madurai Central Prison for the past 11 years). For Petitioner : Dr.Lakshmi Prasanna Komara For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor. * * *