Madras High Court
WP CRL./2562/2026 of Vadivel Vs The State Rep. by, The Deputy Inspector General of on 29 September 2026
WP Crl. No. 2562 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. 2562 of 2026
CNR:{HCMA012253102026}
Vadivel
S/o Mani,
PID No.37632,
Cuddalore Central Prison,
Cuddalore.
..Petitioner(s)
Vs
1. The State represented by,
The Deputy Inspector General of Prison
Vellore Range, Vellore.
2. The Superintendent of Police
Cuddalore Central Prison, Cuddalore.
3. The Inspector of Police
Thiruvennainallur Police Station,
Villupuram District.
..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 28.07.2026 bearing No.RO-VLR/286/2026-CAMP(A) passed by the first respondent and quash the same and consequently, direct the second respondent to grant ordinary leave for 28 days without escort to the detenu Vadivel, S/o.Mani, aged about 46 years, convict prisoner, bearing PID No.37632, confined at Central Prison, Cuddalore.
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WP Crl. No. 2562 of 2026
For Petitioner(s):
Mr.M.Ezhilarasu
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 28.07.2026 bearing No.RO-VLR/286/2026- CAMP(A) passed by the first respondent and consequently, seeking a direction to the respondents to grant ordinary leave for 28 days without escort to the petitioner viz. Vadivel, S/o.Mani, aged about 46 years, convict prisoner, bearing PID No.37632, confined at Central Prison, Cuddalore, the petitioner has filed the present writ petition (criminal).
2. The impugned rejection order dated 28.07.2026 bearing No.RO- VLR/286/2026-CAMP(A) has been passed by the first respondent mainly on the ground that the petitioner is convicted for the offence under Section 394 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 is not eligible for ordinary leave.
3. The learned counsel appearing for the petitioner, challenging the said rejection order, submitted that the petitioner has already undergone sentence for more than twelve years and the petitioner sought leave only to attend the medical emergency of his mother, who is suffering from severe
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WP Crl. No. 2562 of 2026
medical ailments, and also to renovate his damaged house. 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 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 first respondent cannot be found fault with. However, considering the fact that the petitioner’s mother is suffering from severe medical ailments and further, as there is no prohibition for granting
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WP Crl. No. 2562 of 2026
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, as prescribed under Rule 13 of the TNSOS Rules.
8. In such view of the matter, the impugned order dated 28.07.2026 bearing No.RO-VLR/286/2026-CAMP(A) passed by the first respondent is set aside and the convict prisoner viz. Vadivel, S/o.Mani, aged about 46 years, convict prisoner, bearing PID No.37632, confined at Central Prison, Cuddalore, 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 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.
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WP Crl. No. 2562 of 2026
To
1. The Deputy Inspector General of Prison Vellore Range, Vellore.
2. The Superintendent of Police Cuddalore Central Prison, Cuddalore.
3. The Inspector of Police Thiruvennainallur Police Station, Villupuram District.
4. The Public Prosecutor Madras High Court, Chennai.
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WP Crl. No. 2562 of 2026
N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd WP Crl. No. 2562 of 2026 29-09-2026
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