Madras High Court
WP CRL./2626/2026 of K.Panjavarnam Vs The Home secretary on 1 October 2026
WP Crl. No. 2626 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR JUSTICE K. RAJASEKAR
WP Crl. No. 2626 of 2026
and W.P. MP.No.965 of 2026
CNR: {HCMA012351032026}
K.Panjavarnam
W/o Karuppaiya,
No.67/94, W-4, Machal 6th Cross Street,
Theni, Allinagaram,
Theni District, Tamil Nadu – 625 531.
..Petitioner(s)
Vs
1. The Home secretary
Home Department (Prison),
Secretariat,
Fort St.George,
Chennai – 600009.
2. The Deputy Inspector General of Prisons Prison Head Quarters, Egmore, Chennai-600 008.
3. The Superintendent of Prison
Central Prison I,
Puzhal, Chennai-600 066.
4. The Inspector of Police
Allingaram Police Station,
Periyakulam Road,
Theni, Theni District.
..Respondent(s)
PRAYER:
To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 2nd respondent in
WP Crl. No. 2626 of 2026
No.1056/KC1/2024 dated 17.08.2026 quash the same and consequently direct the respondents to grant 40 days ordinary leave to the petitioner’s husband, namely Karuppaiya S/o Ramaraj, Life Convict No.84, PID No.2581, presently confined at Central Prison I, Puzhal, Chennai-600 066.
For Petitioner(s):
M/s.R.Bakiyalakshmi
For Respondent(s):
Mr.C.R.Malarvannan,
Additional Public Prosecutor
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(Order of the Court was made by N.Sathish Kumar J.) Challenging the order dated 17.08.2026 bearing No.1056/KC1/2024 passed by the second respondent and consequently, seeking a direction to the respondents to grant ordinary leave for 40 days without escort to the Convict Prisoner, Karuppaiya, S/o Ramaraj, Life Convict No.84, PID No.2581, confined at Central Prison, Puzhal,-I, Chennai, the petitioner has filed the present petition.
2. It is the contention of the learned counsel for the petitioner that the petitioner was convicted and sentenced in S.C.No.312 of 2002 on the file of the Mahila Court, Chennai, for the following offences: S.No. Provision under which convicted Sentence
Section 376(2)(f) and 305 IPC Rigorous imprisonment for Life and fine of Rs.1,000/-, in default to undergo three months simple imprisonment.
WP Crl. No. 2626 of 2026
The petitioner has undergone the actual imprisonment for a period of nine years, ten months, and twelve days. Accordingly, the petitioner has sought ordinary leave for 40 days under the Tamil Nadu Suspension of Sentence Rules, 1982, for the purpose of arranging funds for her medical treatment/surgery and for taking care of her during treatment period. Though the Probation Officer has given a report about the satisfactory conduct of the petitioner, the second respondent rejected the request made by the petitioner on the basis of the report of the Probation Officer stating that the reason assigned for seeking leave was not true, Hence, he seeks quashment of the impugned order by granting ordinary leave to the petitioner.
3. Heard the learned counsel on either side and perused the entire materials available on record.
4. Admittedly, the report sought from the jurisdictional police had not been received at the time of consideration, the report of the Probation Officer stating that the reason assigned for seeking leave was not true, the petitioner’s medical condition and the necessity for treatment are genuine and can be substantiated by the relevant medical records and the request for leave was made only for the bonafide purpose of arranging the necessary financial resources for her treatment.
5. It is also seen from the records that the prisoner has already undergone imprisonment for more than nine years and he seeks ordinary leave solely for the purpose of arranging necessary funds to obtain medical treatment for his
WP Crl. No. 2626 of 2026
wife and taking care of her during treatment, which he is legitimately entitled to as per rules. When the Probation Officer himself has been specifically recorded satisfactory conduct of the prisoner, the impugned order rejecting the request of the petitioner merely on the ground of assigning the reason for seeking leave was not true cannot be sustained in the eyes of law. Prisoners are entitled to ordinary leave subject to certain statutory conditions. As a matter of right, the same cannot be denied without any proper reasons.
6. In such view of the matter, the impugned order dated 17.08.2026 bearing No.1056/KC1/2024 passed by the second respondent is set aside and the convict prisoner viz. Karuppaiya, Son of Ramaraj, Life Convict No.84, PID No.2581, confined at the Central Prison-I, Puzhal, Chennai-600 066, is hereby granted ordinary leave for a period of twenty eight (28) days, commencing from 12.10.2026 on the following conditions:-
(i) Respondents are directed to release the convict prisoner viz., Karuppaiya, Son of Ramaraj, Life Convict No.84, PID No.2581, confined at the Central Prison-I, Puzhal, Chennai-600 066, on Ordinary Leave for a period of 28 days i.e., from 12.10.2026 to 08.11.2026;
(ii) The Convict Prisoner shall be released on 12.10.2026 at 10.00 a.m., and surrender before the Central Prison on 09.11.2026 at 10.00 a.m.;
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Allinagaram Police Station, Periyakulam Road, Theni District, everyday at 10.30 a.m., during the period of leave;
WP Crl. No. 2626 of 2026
(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. With the above directions, this Writ Petition (Criminal) stands disposed of. Consequently, the connected miscellaneous petition stands closed. (N.S.K.,J.) (K.R.S.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI Note: Issue Order Copy on 09.10.2026. To:
1. The Home secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai – 600009.
2. The Deputy Inspector General of Prisons Prison Head Quarters, Egmore, Chennai-600 008.
3. The Superintendent of Prison Central Prison I, Puzhal, Chennai-600 066.
4. The Inspector of Police, Allingaram Police Station, Periyakulam Road, Theni, Theni District.
5. The Public Prosecutor, High Court of Madras.
WP Crl. No. 2626 of 2026
N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI WP Crl. No. 2626 of 2026 01-10-2026