Madras High Court

WP CRL./2539/2026 of Chandra Vs Home, Prohibition and Excise Department on 29 September 2026

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WP Crl. No. 2539 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

WP Crl. No. 2539 of 2026

CNR:{HCMA012241802026}

Chandra

C/o.Saravanan,

Convict Prisoner No.3847, PID No.298120, Residing at 14, Thatchi Street, Kalamarudur, Villupuram, Tamil Nadu – 606 102.

..Petitioner(s)

Vs

1. The State of Tamil Nadu represented by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The Deputy Inspector General of Prisons, Vellore, Vellore District.

3. The Superintendent of Prison

Central Prison, Vellore – 632 001.

4. The Inspector of Police

Katpadi Police Station,

Vellore – 632 007.

..Respondent(s)

WP Crl. No. 2539 of 2026

Writ Petition (Criminal) filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the second respondent (wrongly typed as 3rd respondent)

bearing No.RO-VLR/182/2026-CAMP(A) dated 25.05.2026 and quash the same and direct the third respondent to grant 30 days ordinary leave without escort to the petitioner’s son Arulnathan, S/o.Saravanan (Convict Prisoner No.3847, PID No.298120), who is presently lodged in Central Prison, Vellore.

For Petitioner(s):

Mr.D.Vasanth

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 25.05.2026 bearing No.RO-VLR/182/2026- CAMP(A) passed by the second respondent and consequently, seeking a direction to the respondents to grant ordinary leave for 30 days without escort to her son Arulnathan, S/o.Saravanan (Convict Prisoner No.3847, PID No.298120), confined in the Central Prison, Vellore, the petitioner has filed the present writ petition (criminal).

2. The impugned rejection order dated 25.05.2026 bearing No.RO- VLR/182/2026-CAMP(A) has been passed by the second respondent mainly on

WP Crl. No. 2539 of 2026

the ground that the petitioner’s son is convicted for the offence under Section 392 IPC and therefore, as per Rule 21(a)(b) of the Tamil Nadu Suspension of Sentence Rules, 1982 (for brevity “the TNSOS Rules”), the petitioner’s son is not eligible for ordinary leave.

3. The learned counsel appearing for the petitioner, challenging the said rejection order, submitted that the petitioner’s son Arulnathan has already undergone sentence for more than five years and the petitioner sought leave for her son only to attend her medical emergency, since she is suffering from HIV. That apart, previously, the petitioner’s son was granted ordinary leave by this Court vide order dated 23.01.2025 in W.P.No.344 of 2025. Hence, he seeks quashment of the impugned order by granting ordinary leave to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondents submitted that when the statute prohibits ordinary leave, as a matter of right, the prisoner cannot claim ordinary leave.

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

6. Leave is merely a concession granted to the prisoners, rather than an absolute right. When the legislature, in its wisdom, thought to extend the

WP Crl. No. 2539 of 2026

concession of leave to the offenders, it made it clear that leave will not be extended to certain heinous offences, which are classified under Rule 21 of the TNSOS Rules. Therefore, the prisoner cannot seek ordinary leave as a matter of right. Admittedly, Rule 21(b), ibid. prohibits ordinary leave in respect of the prisoner convicted under Section 392 to 402 IPC.

7. In such view of the matter, we are of the view that the impugned rejection order passed by the second respondent cannot be found fault with. However, considering the fact that the petitioner is suffering from HIV and other related issues, for which, she is taking treatment in the hospital and further, as there is no prohibition for granting emergency leave to the convict prisoner as per Rules 6 and 7 of the TNSOS Rules, we are inclined to grant emergency leave for a period of six days to the petitioner’s son, as prescribed under Rule 13 of the TNSOS Rules.

8. In such view of the matter, the impugned order dated 25.05.2026 bearing No.RO-VLR/182/2026-CAMP(A) passed by the second respondent is set aside and the convict prisoner viz. Arulnathan, S/o.Saravanan (Convict Prisoner No.3847, PID No.298120), confined in the Central Prison, Vellore, is granted six days emergency leave from 05.10.2026 to 10.10.2026 without escort. Further, the convict prisoner, during this leave period, shall appear before the Inspector of Police, Thiruvennainallur Police Station, Villupuram

WP Crl. No. 2539 of 2026

District, 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 11.10.2026. 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.) 29-09-2026 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 Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai – 600 009.

2. The Deputy Inspector General of Prisons, Vellore Vellore District.

3. The Superintendent of Prison Central Prison, Vellore – 632 001.

4. The Inspector of Police Katpadi Police Station, Vellore – 632 007.

5. The Inspector of Police, Thiruvennainallur Police Station, Villupuram District

6. The Public Prosecutor Madras High Court, Chennai.

WP Crl. No. 2539 of 2026

N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd WP Crl. No. 2539 of 2026 29-09-2026

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