Saleena v. The State of Tamilnadu, Rep by Its the Secretary to the Government 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 second respondent made in No.33982/Tha.Ku.4/2026, dated 28.04.2026 and for a consequential direction to the respondents to grant 30 days ordinary leave without escort to the convict, who is presently serving sentence at Central Prison, Trichy.

¶2Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

¶3The petitioner is the wife of the convict. The convict is presently undergoing sentence at Central Prison, Trichy. A representation was made by the petitioner seeking ordinary leave for 30 days in order to enable the convict to make arrangements for the educational expenses. The said representation came to be rejected by the second respondent through the impugned proceedings dated 28.04.2026 on the ground that there is a bar in granting ordinary leave under Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982. Aggrieved by the same, the present Writ Petition has been filed before this Court.

¶4The issue that is involved in the present Writ Petition is squarely covered by the earlier order passed by this Court in W.P.Crl.(MD) Nos.1752, 1981, 2313 and 2331 of 2026, dated 28.04.2026. This Court has categorically held that the grant of leave is merely a concession/privilege given to a convict and when there is a specific bar provided under the Rules, the Court cannot disregard the said bar and grant leave.

¶5In view of the above, we do not find any illegality in the order passed by the second respondent dated 28.04.2026 warranting the interference of this Court. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

[N.A.V., J.] & [K.K.R.K., J.]

04.06.2026 NCC : Yes / No Index : Yes / No Indu To

1.The Secretary to the Government of Tamilnadu, Home (Prison IV) Department, The Secretariat of Tamilnadu, Chennai 600 009.

2.The Deputy Inspector General of Prison, Trichy Range, Central Prison Trichy, Trichy 620 020.

3.The Superintendent of Prison, Central Prison, Trichy, Trichy 620 020.

4.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore 641 018.

5.The Inspector of Police, B4, Race Course Police Station, Coimbatore 641 018.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESH,oJ. AND K.K.RAMAKRISHNAN,oJ. Indu W.P.Crl.(MD).No.2791oofo2026

04.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.2791 of 2026 W.M.P.Crl.(MD) No.680 of 2026 Saleena ...... Petitioner Vs. 1.The State of Tamilnadu, Represented by its the Secretary to the Government of Tamilnadu, Home (Prison IV) Department, The Secretariat of Tamilnadu, Chennai 600 009. 2.The Deputy Inspector General of Prison, Trichy Range, Central Prison Trichy, Trichy 620 020. 3.The Superintendent of Prison, Central Prison, Trichy, Trichy 620 020. 4.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore 641 018. 5.The Inspector of Police, B4, Race Course Police Station, Coimbatore 641 018. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.33982/Tha.Ku.4/2026 dated 28.04.2026 passed by the 2nd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days without escort to the detenu A.M.Hakkim, S/o.Abdul Majith, aged about 42 years, PID No.33982, detained at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)