Madras High Court

WP CRL./2568/2026 of Madhesh Vs The State Rep. by, The Deputy Inspector of Prisons on 30 September 2026

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WP Crl. No. 2568 of 2026

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. 2568 of 2026

CNR: {HCMA012312482026}

Madhesh

S/o. Subramani,

Life Convict Prisoner,

PID No.424591,

Confining at Central Prison,

Salem, Hasthampatty,

Salem-7.

..Petitioner(s)

Vs

1. The State Rep. by its,

The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore-641 012.

2. The Superintendent of Prison,

Central Prison at Salem,

Hasthampatty, Salem-7.

3. The Inspector of Police

Avalahalli Police Station,

Bangalore-560 049.

..Respondent(s)

PRAYER:

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, calling for the records pertaining to the impugned order in proceedings No.624/R4/2026

dt.25.08.2026 passed by the 2nd Respondent quash the same and consequently

WP Crl. No. 2568 of 2026

direct the Respondents to grant the Petitioner namely Mr.Madhesh,S/o.Subramani, PID No.424591 presently confined at the Central Prison,Salem to avail 28 days ordinary Leave without escort.

For Petitioner(s):

Mr.M.Mohamed Saifulla

For Respondent(s):

Mr.C.R.Malarvannan,

Additional Public Prosecutor

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ORDER

(Order of the Court was made by N.Sathish Kumar J.) Challenging the impugned order dated 25.08.2026 vide proceedings No.624/R4/2026 passed by the second respondent and consequently, seeking a direction to the respondents to grant ordinary leave for 28 days without escort to the detenu Madhesh, Son of Subramani, aged about 40 years, Convict Prisoner, bearing PID No.424591, confined at Central Prison, Salem, the petitioner has filed the present petition.

2. A communication has been earlier sent by the Superintendent of Prisons, Central Prison, Salem previously sent a communication to the Tahsildar, Kishnarajapuram, stating that a life convict prisoner (PID No.424591) lodged in the Central Prison, Salem has been granted 28 days of ordinary leave, subject to furnishing a two-person surety bond of Rs.500/-. The Superintendent requested the Tahsildar to have the surety bond executed by the prisoner and to forward it along with a covering letter and office seal.

WP Crl. No. 2568 of 2026

3. It is the contention of the petitioner that, while serving a life sentence, he was granted 28 days of ordinary leave by the Superintendent of Prisons, Central Prison, Salem, on the condition that he execute a personal bond of Rs.500/- along with two sureties for a sum of Rs.500/- each.

4. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

5. A perusal of the original order dated 13.08.2026 indicates that the petitioner was merely required to execute a personal bond for Rs.500/- along with two sureties for a sum of Rs.500/- each. However, the prison authority namely the Superintendent of Prisons, Central Prison, Salem has now directed the Tahsildar, Krishnarajapuram Taluk to obtain two sureties for Rs.500/- each and forward the executed bond along with the office seal.

6. Considering the above, we are of the view that when the main order itself does not indicate that the sureties must be executed before the Tahsildar, Krishnarajapuram Taluk, the direction now issued by the prison authorities requiring execution before the Tahsildar, Krishnarajapuram Taluk is not proper.

WP Crl. No. 2568 of 2026

7. Hence, this Court directs the life convict prisoner to execute the necessary surety bond before the Superintendent of Prisons, Central Prison, Salem. Upon execution of the surety bond before the Superintendent of Prisons, Central Prison, Salem, the life convict prisoner shall be released on ordinary leave.

8. With the above direction, this Writ Petition is disposed of accordingly. (N.S.K.,J.) (K.R.S.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI

WP Crl. No. 2568 of 2026

To:

1. The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore-641 012.

2. The Superintendent of Prison, Central Prison at Salem, Hasthampatty, Salem-7.

3. The Inspector of Police Avalahalli Police Station, Bangalore-560 049.

4. The Public Prosecutor, High Court of Madras.

WP Crl. No. 2568 of 2026

N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI WP Crl. No. 2568 of 2026 30-09-2026

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