Madras High Court

WP CRL./2320/2026 of Kupputhai Vs The State Represented by its on 30 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

WP.Crl. No. 2320 of 2026

CNR:{HCMA012106932026}

Kupputhai

W/o. Karuppusami,

No.1/81, Uchi Makaliamman Temple,

North Street, Subeagounder Pudur,

Ambarampalayam, Pollachi,

Coimbatore - 642 103

..Petitioner(s)

Vs

The State represented by its

1. The Director General of Prisons,

Head Office of Prison Department,

Egmore - 600 008

2. The Superintendent,

Central Prison Coimbatore,

Coimbatore - 641 018

..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 05.08.2026 bearing No.TNPCS/4035/2026-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, Rajiv Gandhi @ Marimuthu, S/o.Manoharan, aged about 40 years, CT No.19266, PID

No.21497, detained at Central Prison, Coimbatore.

For Petitioner(s):

Ms.S.Maroshini

For Respondent(s):

Mr.C.R.Malarvannan

Additional Public Prosecutor

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ORDER

(made by N.Sathish Kumar J.) Challenging the order dated 05.08.2026 bearing No.TNPCS/4035/2026- 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, Rajiv Gandhi @ Marimuthu, S/o.Manoharan, aged about 40 years, CT No.19266, PID No.21497, detained at Central Prison, Coimbatore, the petitioner has filed the present petition.

2. Now, it is stated by the learned counsel appearing for the petitioner that the petitioner is restricting her prayer only with regard to the grant of ordinary leave for 28 days without escort to her brother Rajiv Gandhi @ Marimuthu, aged about 40 years, CT No.19266, PID No.21497, who was convicted for the offences under Sections 302 (2 counts), 307 and 506(II) IPC and sentenced to various terms of imprisonment with the maximum sentence of life imprisonment. He further submitted that since the petitioner’s brother has already undergone sentence for more than thirteen years, the petitioner is now seeking ordinary leave for 28 days under the Tamil Nadu Suspension of

Sentence Rules, 1982, for her brother to renovate their dilapidated house. Hence, he seeks quashment of the impugned order by granting ordinary leave to the petitioner.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that since the petitioner’s brother has completed twelve years of imprisonment, he is entitled to 28 days ordinary leave per annum.

4. Heard the learned counsel on either side and perused the entire materials.

5. It is seen from the records that the convict prisoner has already undergone sentence for more than thirteen years and he sought ordinary leave only on the ground for renovating his damaged house, which he is actually entitled to as per Rule 20 of the Tamil Nadu Suspension of Sentence Rules, 1982.

6. In such view of the matter, the impugned order dated 05.08.2026 bearing No.TNPCS/4035/2026-PS(JA)-4 passed by the first respondent is set aside and the convict prisoner viz. Rajiv Gandhi @ Marimuthu, S/o.Manoharan, aged about 40 years, CT No.19266, PID No.21497, detained at Central Prison, Coimbatore, is granted twenty eight days ordinary leave from 02.10.2026 to

29.10.2026 without escort. Further, the convict prisoner, during this leave period, shall appear before the Inspector of Police, Anaimalai Police Station, Coimbatore, everyday at 10.00 a.m. After expiry of the ordinary leave, the convict prisoner shall surrender before the prison authorities on or before 10.00 a.m. on 30.10.2026. The convict prisoner shall utilize the leave only for the purpose, for which, it has been granted and shall not indulge in any other activities. With the above directions, this writ petition (criminal) stands disposed of. (N.S.K.,J.) (K.R.S.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd Note: Issue copy of this order on 01.10.2026.

To

1. The Director General of Prisons, Head Office of Prison Department, Egmore - 600 008

2. The Superintendent, Central Prison Coimbatore, Coimbatore - 641 018

3. The Inspector of Police Anaimalai Police Station, Coimbatore.

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

N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd WP Crl. No. 2320 of 2026 30-09-2026

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