K.Rajendran v. The Deputy Inspector General of Prison

O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The writ petition has been filed seeking writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the 1st respondent in No.396/UTHA.2/2026 dated.28.04.2026 and quash the same and consequently directing the respondents to grant ordinary leave for 40 days without escort to the petitioner's son , the prisoner, Krishnakumar, S/o.Rajendran, C.T.No.5466 (PID.No.415191), now confined at Central Prison, Palayamkottai. Page No.2 of 5

¶2When the matter is taken up for hearing today, the learned Counsel for the State of Tamil Nadu appearing for the respondents would submit that the convict prisoner has been convicted to undergo 20 years rigorous imprisonment for the offences under Sections 449, 506(1) IPC and Sections 6 (5(i), 5(j), (ii)) of POCSO Act and 3(1) w(ii) r/w.3(2) (Va) of SC/ST (POA) Act, and the convict prisoner has only completed 2 years and 2 months after conviction and hence, the request of the petitioner has been rejected taking into consideration of the fact that the convict prisoner is not eligible for ordinary leave as per Rule 22 (1) (C) of Tamil Nadu Suspension of Sentence Rules, 1982.

¶3Taking into consideration of the fact that the convict prisoner is not eligible for ordinary leave as per Rule 22 (1) (C) of Tamil Nadu Suspension of Sentence Rules, 1982, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [T.V.T.S., J.]

03.07.2026

Index : Yes / No rm Page No.3 of 5 To:

¶1The Deputy Inspector General of Prison Madurai Zone Madurai 625 016.

¶2The Superintendent of Prison Central Prison Palayamkottai Tirunelveli 627 002.

¶3The Superintendent of Police O/o. The Superintendent of Police Kanyakumari District.

¶4The Inspector of Police Mandaikadu Police Station Kanyakumari District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No.4 of 5

A.D.JAGADISH CHANDIRA, J. AND

T.V.THAMILSELVI, J. rm DATED : 03.07.2026 Page No.5 of 5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and W.M.P.Crl.(MD)No.889 of 2026 K.Rajendran ... Petitioner Vs. 1. The Deputy Inspector General of Prison Madurai Zone Madurai 625 016. 2. The Superintendent of Prison Central Prison Palayamkottai Tirunelveli 627 002. 3. The Superintendent of Police O/o. The Superintendent of Police Kanyakumari District. 4. The Inspector of Police Mandaikadu Police Station Kanyakumari District. ... Respondents Page No.1 of 5 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the 1st respondent in No.396/UTHA.2/2026 dated.28.04.2026 and quash the same and consequently directing the respondents to grant ordinary leave for 40 days without escort to the petitioner's son , the prisoner, Krishnakumar, S/o.Rajendran, C.T.No.5466 (PID.No.415191), now confined at Central Prison, Palayamkottai. For Petitioner : Mr.R.Narayanan For Respondents : Mr.D.Venkatesh, Counsel for the State of Tamil Nadu (Crl. side)