Madras High Court
WP CRL.(MD)/5209/2026 of Ganesan Vs The Deputy Inspector General on 16 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
WP Crl.(MD) NO.5209 of 2026
{CNR: HCMD011277532026}
Case QR
Ganesan
... Petitioner
Vs.
1.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
2.The Superintendent of Prison,
Central Prison,
Trichy-620 020.
3.The Superintendent of Police,
O/o.The Superintendent of Police,
Pudukkottai District.
4.The Inspector of Police,
Vallathirakottai Police Station,
Pudukkottai District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records relating to the impugned order passed by the first respondent vide proceedings in No.460/MuVu/2026 dated 14.08.2026
and quash the same as illegal and consequently direct the 1st respondent to grant 21 days ordinary leave without police escort to the petitioner, namely, Ganesan, S/o.Chinnaiah, aged about 53 years, Convict Prisoner PID No.428666, confined at Central Prison, Trichy.
For Petitioner
: Mr.K.A.S.Prabhu
For Respondents : Mr.D.Venkatesh,
Addl. Public Prosecutor.
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ORDER
(By G.R.SWAMINATHAN, J.) Heard both sides.
2. The writ petitioner has suffered conviction and sentence under POCSO Act, 2012. He had sofar spent three years and five months in incarceration. He sought twenty one days ordinary leave. It was granted by the first respondent vide proceedings dated 14.08.2026. However, a condition has been stipulated that he should be accompanied by escort. Aggrieved by this condition, this writ petition has been filed.
3. We are more than satisfied that the petitioner is not a flight risk. The petitioner undertakes to sign before fourth respondent daily at 08.00 pm. The petitioner gives a further undertaking that he will not enter the village limits where the victim is presently residing. He also gives an undertaking before this Court that he will not interact with the victim.
4. The condition No.1 that the petitioner should be accompanied by escort set out in the impugned order dated 14.08.2026 is set aside. In all other aspects, the impugned order will hold good.
5. As per Rule 26 of the Tamil Nadu Suspension of Sentence Rules, 1962, the surety bonds of the sureties should be executed before the jurisdictional Tahsildar.
6. The learned counsel for the petitioner submitted that there are some practical difficulties in fulfilling that formality.
7. Our attention is drawn by the learned Additional Public Prosecutor to the order dated 20.12.2023 in W.P.(MD)No.27789 of 2023 wherein the Hon'ble Division Bench had specifically held that the revenue Tahsildars who are acting pursuant to Rule 26 of the Tamil Nadu Suspension of Sentence Rules and taking bond under Form II vide Rule 25 of said Rules, shall not insist on ownership of immovable properties or shall not insist on immovable properties in any manner qua sureties.
8. We therefore direct the jurisdictional Tahsildar that he should not insist on patta or any other document relating to property. If the surety produces the Aadhaar card, Ration Card and self-attested photos, that should be taken as sufficient sufficient. We further direct that the verification process and sending surety bonds to the Superintendent of Prison should be done within a period of one week after the submission of the surety bonds.
9. This writ petition is allowed accordingly. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:
1. The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
2. The Superintendent of Prison, Central Prison, Trichy-620 020.
3. The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.
4. The Inspector of Police, Vallathirakottai Police Station, Pudukkottai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias W.P.Crl.(MD)No.5209 of 2026
16.09.2026