Madras High Court
WP CRL./2484/2026 of G.Punniyavathi Vs State of Tamil Nadu, Rep by the Secretary to Gover on 27 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HON'BLE MR.JUSTICE B.KARTHIKEYAN
W.P.Crl.No.2484 of 2026
CNR:{HCMA012231362026}
G.Punniyavathi
W/o Late Govindaraj,
Periyapothur, Vadugapatti Post,
Moolanur via Dharapuram Taluk,
Tirupur District.
..Petitioner(s)
Vs
1. State of Tamil Nadu represented by the Secretary to Government.
Home (Prison IV) Department,
Secretariat, Fort St. George, Chennai.
2. The Director General of Prisons and
Correctional Services, Egmore, Chennai.
3. The Deputy Inspector General of Prisons and Correctional Services, Coimbatore Central Prison Campus, Coimbatore.
4. The Superintendent of Prison
Salem Central Prison,
Salem.
5. The Inspector of Police
Mulanur Police Station,
Tirupur District.
6. The Probation Officer
Thiruppur, Thiruppur 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 of the second respondent in No.TNPCS/3404/2026-PS(JA)-4 dated 25-08-2026 and quash the same as illegal and consequently direct the respondents 1 to 4 grant 60 days furlough for the petitioner's son Gobu, (PID No.30838), aged 41 years, son of Late Govindaraj, confined at Salem Central Prison.
For Petitioner(s):
Mr.M.Murugesan
For Respondent(s):
Mr.C.R.Malarvannan
Additional Public Prosecutor
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ORDER
(made by A.D.Jagadish Chandira, J.) Challenging the order dated 25-08-2026 bearing No.TNPCS/3404/2026- PS(JA)-4 passed by the second respondent and quash the same and consequently, direct the respondents 1 to 4 to grant 60 days furlough for her son Gobu, (PID No.30838), aged 41 years, son of Late Govindaraj, confined at Central Prison, Salem, the petitioner has filed the present writ petition (criminal).
2. It is the case of the petitioner that her son Gobu, (PID No.30838), aged 41 years, son of Late Govindaraj, who is confined at Central Prison, Salem, was convicted for the offence under Section 302 r/w 120-B IPC and sentenced to undergo life imprisonment and he has served the sentence for eleven years and therefore, the convict prisoner sought furlough for 60 days under the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, to make arrangement for medical treatment of the petitioner, as she is suffering from various ailments. However, the second respondent rejected the request made by the convict prisoner on the ground that the Probation Officer has not recommended his case. Hence, she seeks quashment of the impugned order by granting furlough to the convict prisoner.
3. The learned counsel appearing for the petitioner submitted that the convict prisoner has completed eleven years of imprisonment and his conduct in the prison is good; though the convict prisoner is eligible for furlough, the second respondent, without proper assessment of the reports, has rejected the request of the convict prisoner; the convict prisoner was on bail during trial and he was also granted the reliefs of suspension of sentence and bail during the pendency of an appeal before this Court and during such time, the convict prisoner was residing in the same village and he has not been brought to any adverse notice and there was no retaliation on the side of the victim's family; as on date, the victim's family is living 30 kms. away from the place, where, the convict prisoner intends to reside during the period of furlough; further, the report of the Probation Officer stating that the convict prisoner's eligibility for furlough may be considered only if he has previously availed himself of emergency leave and medical leave cannot be sustained in law, as the Rules does not prescribe such a prerequisite.
4. The learned Additional Public Prosecutor appearing for the respondents fairly submitted that while the convict prisoner was on bail during trial and pending appeal before this Court, he has not been put to any serious adverse notice and his conduct in the prison is also good.
5. Heard the learned counsel on both sides and perused the materials available on record.
6. Having gone through the records, we find that the convict prisoner is eligible for furlough and there is no justification in the impugned order rejecting the grant of furlough to the convict prisoner.
7. Accordingly, the impugned order is set aside and the writ petition (criminal) is allowed with the following directions:
(i) The second respondent shall grant 60 days furlough to the convict prisoner viz. Gobu, (PID No.30838), aged 41 years, son of Late
Govindaraj, without escort.
(ii) During the said leave period, the convict prisoner shall report before the fifth respondent/police, daily at 8.30 a.m. without fail and abide by all the conditions prescribed in the Prison Manual.
(iii) The convict prisoner shall report back to the fourth respondent, on completion of the leave period, without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the prison authorities.
(v) The convict prisoner shall utilize the leave only for the reason, for which, it has been granted and shall not partake in any other activities. (A.D.J.C.,J.) (B.K.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd Note: Issue copy of this order on 29.10.2026.
To
1. The Secretary to Government. Home (Prison IV) Department, Secretariat, Fort St. George, Chennai.
2. The Director General of Prisons and Correctional Services Egmore, Chennai.
3. The Deputy Inspector General of Prisons and Correctional Services, Coimbatore Central Prison Campus, Coimbatore.
4. The Superintendent of Prison Salem Central Prison, Salem.
5. The Inspector of Police Mulanur Police Station, Tirupur District.
6. The Probation Officer, Thiruppur, Thiruppur District.
7. The Public Prosecutor, Madras High Court, Chennai.
A.D.JAGADISH CHANDIRA J. AND B.KARTHIKEYAN J. nsd WP Crl. No. 2484 of 2026 27-10-2026