Madras High Court

WP CRL./2812/2026 of Sowntherya Vs The State Rep. by, The Director General of Prisons on 26 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

AND

THE HON'BLE MR.JUSTICE B.KARTHIKEYAN

W.P.Crl.No.2812 of 2026

CNR:{HCMA012492092026}

Sowntherya,

W/o.Deepak @ Ram Deepak,

44-G, Thendral Nagar,

Central Jail Backside,

Hasthampatti, Salem.

..Petitioner(s)

Vs

1. The State represented by,

The Director General of Prisons

Head Office of Prison Department,

Egmore.

2. The Superintendent of Prison

Central Prison, Trichy.

3. The Superintendent of Police

Office of Superintendent of Police,

Salem.

4. The Inspector of Police

Hasthampatti Police Station,

Salem.

..Respondent(s)

Writ Petition (Criminal) filed under Section 226 of the Constitution of India to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the

records pertaining to the impugned order dated 15.09.2026 bearing No.TNPCS/4776/2026-PS(JA)-4 passed by the first respondent and quash the same and consequently direct the respondents to grant 60 days furlough, without escort, in accordance with G.O.Ms.No.82 dated 14.02.2026 to the detenu Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35 yeras, PID

No.151283, confined at Central Prison, Trichy.

For Petitioner(s):

Mr.S.Manoharan

For Respondent(s):

Mr.C.R.Malarvannan

Additional Public Prosecutor

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ORDER

(made by A.D.Jagadish Chandira, J.) Challenging the order dated 15.09.2026 bearing No.TNPCS/4776/2026- PS(JA)-4 passed by the first respondent and quash the same and consequently direct the respondents to grant 60 days furlough, without escort, in accordance with G.O.Ms.No.82, Home (Prison-V) Department, dated 14.02.2026 to the detenu Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35 years, PID No.151283, confined at Central Prison, Trichy, the petitioner has filed the present writ petition (criminal).

2. The learned counsel appearing for the petitioner submitted that the convict prisoner has completed more than ten years of imprisonment and he is otherwise eligible for furlough and there is no impediment for grant of furlough to him. However, the first respondent rejected the request of the convict prisoner for grant of 60 days furlough on the ground that the Probation Officer has not recommended his release on furlough, since a Rowdy History Sheet No.177 of 2008 is maintained against him. He further submitted that the petitioner was earlier granted leave on two occasions and during such time, no untoward incident has happened and the convict prisoner, under due compliance of the conditions, has returned to the prison. Under such circumstances, the Rowdy History Sheet of the year 2008 will not have any bearing for grant of furlough to the convict prisoner and the order passed by the first respondent cannot be justified. Further, he submitted that furlough has been sought by the convict prisoner to make arrangement for the medical treatment of his mother as well as for him, as he is suffering from Hepatitis C Virus, heart ailment and diabetes.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that though the convict prisoner was granted leave by virtue of the order of this Court, the Probation Officer has not recommended the release of the convict prisoner and further a Rowdy History Sheet No.177 of 2008 is maintained against the convict prisoner and he is under surveillance.

4. Heard the learned counsel on both sides and perused the materials available on record.

5. As per the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, whenever furlough is sought, the Superintendent of Prison has to call for a verification report from the jurisdictional police station pertaining to the convict prisoner and the police authority should verify the place of residence, likelihood of absconding, possibility of breach of peace, and potential threat to the society. Though a History Sheet is pending against the convict prisoner, he had already been granted leave pursuant to the order passed by this Court and he, in due compliance of the conditions, has returned to the prison and during such time, the convict prisoner has not been brought to any adverse remark.

6. In such view of the matter, we are of the opinion that there is no justification in the impugned order rejecting the grant of furlough to the convict prisoner.

7. Accordingly, the impugned order is set aside and the writ petition (criminal) is allowed with the following directions:

(i) The first respondent shall grant 60 days furlough to the convict prisoner viz. Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35 years, PID No.151283, without escort.

(ii) During the said furlough period, the convict prisoner shall report before the fourth respondent/police, daily at 8.30 a.m. without fail and abide by all the conditions prescribed in the Prison Manual.

(iii) The convict prisoner shall report back to the second respondent, on completion of the furlough period, without fail.

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

(v) The convict prisoner shall utilize the furlough only for the reason, for which, it has been granted and shall not partake in any other activities. (A.D.J.C.,J.) (B.K.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd Note: Issue copy of this order on 28.10.2026.

To

1. The Director General of Prisons Head Office of Prison Department, Egmore.

2. The Superintendent of Prison Central Prison, Trichy.

3. The Superintendent of Police Office of Superintendent of Police, Salem.

4. The Inspector of Police Hasthampatti Police Station, Salem.

5. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J. AND B.KARTHIKEYAN J. nsd W.P.Crl.No.2812 of 2026 26-10-2026

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