WP CRL./2708/2026 of Chellammal Vs The State Rep by The Additional Chief Secretary to on 27 October 2026

ORDER

(Order was made by A.D.JAGADISH CHANDIRA J.) Challenging the order dated 10.09.2026 passed by the second respondent rejecting the request of the petitioner for grant of sixty days furlough to her son/convict prisoner and for a consequential direction to the respondents to grant sixty days furlough to her son/convict prisoner, this writ petition (criminal) has been filed.

2. The case of the petitioner is that her son is a convict prisoner and that he is in incarceration pursuant to the judgment dated 22.03.2019 passed in

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S.C.No.207 of 2017, on the file of the 1st Additional District and Sessions Court, Coimbatore.

3. It is the further case of the petitioner that she had sent a representation dated 12.06.2026 to respondents 3 and 4 seeking 60 days furlough to her son. However, the second respondent, based on the report of the Probation Officer that the convict prisoner had not taken care of the financial needs of his mother and that his release might cause apprehension among the residents of the locality, rejected the petitioner’s representation vide order dated 10.09.2026. Aggrieved by the same, the present petition has been filed.

4. Learned counsel for the petitioner submitted that the convict prisoner is eligible for furlough as per Rule 3 of the Framing of Tamil Nadu Prisons (Release of Furlough) Rules, 2026, provided he maintains good conduct in prison. In such circumstances, the rejection of the petitioner’s request is without any justification and therefore, it is liable to be set aside. She further submitted that as per the judgment of the Hon’ble Apex Court in Atbir vs. State of NCT of Delhi [(2022) 13 SCC 96], a convict prisoner is eligible for furlough if he maintains good conduct and that it cannot be denied as a matter of course. She also submitted that the convict prisoner was earlier granted leave from 26.05.2026 to 24.06.2026 and during such time, he had maintained good

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conduct and was never brought to any adverse notice. Hence, she prayed to set aside the rejection order.

5. Learned Additional Public Prosecutor submitted that the character and conduct of the convict prisoner inside the prison are good. He further submitted that the convict prisoner was earlier granted leave from 26.05.2026 to 24.06.2026 as per the order of this Court dated 20.05.2026 in W.P.(Crl.) No.1186 of 2026 and during such time, no untoward incident happened. However, since the Probation Officer and the local police had not given any favourable report, the petitioner’s request seeking furlough for her son/convict prisoner was rejected.

6. Heard both sides and perused the materials available on record

7. At the outset, it is relevant to advert to the definition of the word ‘furlough’ as found in Rule 2(d) of the Tamil Nadu Prisons (Release of Furlough) Rules, 2026, which reads as follows:- “2(d) “furlough” means release of a convict prisoner under these rules for a specified period of time after ten years of incarceration by way of motivation for them to maintain good conduct and remain disciplined in the prison.”

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8. It is also relevant to extract Rule 3(1), ibid., which reads as under:- “3. Eligibility for furlough:-

(1) A convict prisoner is eligible for furlough if

(i) he/she has completed ten (10) years of imprisonment;

(ii) his/her conduct during the period of incarceration has been satisfactory.”

9. Applying the eligibility conditions for furlough prescribed under Rule 3, ibid., it is reported that the convict prisoner’s behaviour and conduct during his period of imprisonment are good. Furthermore, he had also been granted with leave by this Court, during which period, no untoward incident had happened. Therefore, we feel that there is no justification in the second respondent’s order rejecting the request made by the petitioner.

10. In view of the above, the impugned order dated 10.09.2026 passed in No.TNPCS/3535/2026-PS(JA)-4, is set aside and the first respondent is directed to grant furlough to the convict prisoner for a period of sixty days without escort, subject to the usual conditions imposed by the first respondent.

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11. After expiry of the furlough, the convict prisoner shall surrender before the prison authorities without fail.

12. Accordingly, this Writ Petition (Criminal) stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. (A.D.J.C.,J.) (K.G.R.,J.) 09-10-2026 Neutral Citation: Yes/No ham

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To

1. The Additional Chief Secretary to Government. Home (Prisons) Department, Secretariat, Fort St. George, Chennai.

2. The Director General of Prisons, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

3. The Deputy Inspector General of Prisons, Prison Head Quartes, Whannels Road, Egmore, Chennai – 600 008.

4. The Superintendent of Prisons Central Prison, Coimbatore.

5. The Inspector of Police Lalgudi Police Station, Tiruchirappalli.

6. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J. AND KRISHNASWAMY GOVINDARAJAN, J. ham W.P.Crl.No.2708 of 2026 and W.P.M.P.Crl.No.1000 of 2026 09-10-2026

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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.2708 of 2026 and W.P.M.P.Crl.No.1000 of 2026 CNR: {HCMA012374072026} Chellammal ..Petitioner(s) Vs

6. The State rep. by, The Additional Chief Secretary to Government. Home (Prisons) Department, Secretariat, Fort St. George, Chennai.

7. The Director General of Prisons, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

8. The Deputy Inspector General of Prisons, Prison Head Quartes, Whannels Road, Egmore, Chennai – 600 008.

9. The Superintendent of Prisons Central Prison, Coimbatore.

10. The Inspector of Police Lalgudi Police Station, Tiruchirappalli. ..Respondent(s)

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PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in the impugned order No.TNPCS/3535/2026-PS(JA)-4, dated 10.09.2026 passed by the second respondent and quashing the same and consequently direct the respondents to grant 60 days of furlough to the petitioner’s son, the life convict prisoner Karuppu @ Karuppusamy, S/o Muthurasu PID No.42608, presently confined in the Central Prison, Coimbatore. For Petitioner(s) : Ms.S.Nadhiya For Respondent(s) : Mr.C.R.Malarvannan, Additional Public Prosecutor

ORDER

(Order was made by A.D.JAGADISH CHANDIRA J.) This matter has been listed today under the caption “for clarification”.

2. It is seen that at paragraph 10 of the order dated 09.10.2026, allowing this writ petition, while issuing a direction to grant furlough to the convict prisoner for a period of sixty days, the authority was mistakenly described as “the first respondent” instead of “the second respondent”.

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3. Accordingly, the Registry is directed to carry out the necessary correction at paragraph 10 of the order dated 09.10.2026 by substituting the words “first respondent” with the words “second respondent” and issue a fresh copy of the corrected order. (A.D.J.C., J.) (B.K., J.) 27-10-2026 Neutral Citation: Yes/No ham To

1. The Additional Chief Secretary to Government. Home (Prisons) Department, Secretariat, Fort St. George, Chennai.

2. The Director General of Prisons, Prison Head Quarters, Whannels Road, Egmore, Chennai – 600 008.

3. The Deputy Inspector General of Prisons, Prison Head Quartes, Whannels Road, Egmore, Chennai – 600 008.

4. The Superintendent of Prisons Central Prison, Coimbatore.

5. The Inspector of Police Lalgudi Police Station, Tiruchirappalli.

6. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J. AND B.KARTHIKEYAN, J. ham W.P.Crl.No.2708 of 2026 and W.P.M.P.Crl.No.1000 of 2026 27-10-2026