WP CRL./2777/2026 of Aruna Vs The Deputy Inspector General of Prisons and Correc on 4 November 2026

ORDER

(Order of the Court was made by A.D.Jagadish Chandira J.) This Writ Petition (Criminal) has been filed seeking to quash the order passed by the first respondent in Proceedings No. RO-CHN/143/2026-CA.1, dated 05.10.2026 and direct the respondents to grant 40 days of ordinary leave without police escort to the petitioner's husband, namely, Somasundaram @ Somu, S/o. Perumal, C.T. No. 571 (PID No. 2710), presently confined at Central Prison-I, Puzhal, Chennai, to attend to the medical needs of his ailing mother and the medical and family requirements of his wife.

2. Though, on 27.10.2026, this Court allowed this writ petition directing the second respondent to grant 12 days of ordinary leave, without police escort, to the petitioner's husband, namely, Somasundaram @ Somu, S/o. Perumal, C.T. No. 571 (PID No. 2710), presently confined at Central Prison-I, Puzhal,

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Chennai, before signing the order, since this Court entertained a doubt as to whether the petitioner’s husband/convict prisoner could be granted leave owing of pendency of 15 criminal cases against him, due to which, the jurisdictional police had also objected for grant of leave, this Court directed listing of this matter on 03.11.2026 under the caption “for clarification” to seek clarification as to whether the cases are pending investigation or quietus has been given to the same. On 03.11.2026, when this matter was taken up for hearing, the learned Additional Public Prosecutor sought time for getting instructions and hence, at his request, this matter is listed today (04.11.2026) under the same caption i.e.,“for clarification”.

3. Today, the learned Additional Public Prosecutor, on instructions, submitted that out of 15 cases against the petitioner’s husband/convict prisoner, except the case in item No.15 on the file of P5 M.K.B. Nagar Police Station Crime No.159/2025 which is pending investigation, other 14 cases are no longer pending against the petitioner’s husband/convict prisoner.

4. The learned counsel appearing for the petitioner submitted that Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982, is not a bar for grant of ordinary leave to the petitioner’s husband/convict prisoner since final report has not been filed.

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5. The brief facts of the case are as follows:- 5.1. The petitioner's husband was convicted and sentenced to undergo life imprisonment by judgment dated 19.04.2004 passed in S.C. No. 87 of 2003. Challenging the said conviction and sentence, he preferred Crl.A. No. 689 of 2007, which was dismissed by this Court by judgment dated 06.10.2007, thereby confirming the conviction and sentence imposed on him. Thereafter, he challenged the said judgment before the Hon'ble Supreme Court in Crl.A. No. 403 of 2010. By judgment dated 03.06.2020, the Hon'ble Supreme Court confirmed the sentence imposed on him. The petitioner's husband is presently undergoing imprisonment as a life convict and has undergone incarceration for approximately 16 years, 9 months and 12 days.

5.2. The petitioner submits that her husband had earlier availed leave on two occasions pursuant to orders passed by this Court. She has now sought 40 days of ordinary leave for him. However, the request was rejected by the first respondent, based on the report of the jurisdictional police and their objection on the ground that the convict prisoner is involved in 15 criminal cases. Aggrieved by the said rejection, the petitioner has approached this Court by way of the present Writ Petition.

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6. The learned counsel appearing for the petitioner made the following submissions:- 6.1. Earlier, by order dated 19.11.2025 passed in W.P. (Crl.) No. 697 of 2025, this Court granted 30 days of leave to the convict prisoner, from 21.11.2025 to 20.12.2025, with police escort. As the petitioner was unable to bear the expenses of the escort, she sought modification of the condition imposed in the said order. Accordingly, this Court, by order dated 28.01.2026 passed in W.P.M.P. (Crl.) No. 792 of 2025 in W.P. (Crl.) No. 697 of 2025, modified the said condition by directing the Government to bear the escort expenses and directed to release the convict prisoner for the period from 01.02.2026 to 28.02.2026.

6.2. The convict prisoner had also availed emergency leave on two occasions and there was no allegation of any violation of the leave conditions, absconding or misuse of the leave granted to him.

6.3. Thereafter, the petitioner filed W.P. (Crl.) No. 2600 of 2026, seeking a direction to the respondents to grant 40 days of ordinary leave without escort to her husband. This Court, by order dated 01.10.2026, allowed the said Writ Petition. However, the first respondent, by the impugned proceedings dated 05.10.2026, rejected the petitioner's request on the grounds that the convict prisoner's mother was not undergoing emergency hospital treatment, as stated in the representation, and that the jurisdictional police had raised serious objections to the grant of leave.

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6.4. Considering the ill health of the convict prisoner's mother and the family circumstances, the convict prisoner may be granted leave as sought.

7. The learned Additional Public Prosecutor appearing for the respondents submitted that the jurisdictional police had strongly objected to the grant of leave on the ground that the convict prisoner was involved in 15 criminal cases. It was further submitted that the convict prisoner had availed leave from 01.02.2026 to 28.02.2026 and that the period of one year from the date of availing the said leave would expire only on 27.02.2027. Therefore, the respondents rightly rejected the petitioner's representation.

8. At this juncture, the learned counsel for the petitioner submitted that the convict prisoner was eligible for 40 days of leave and had already availed 28 days of leave from 01.02.2026 to 28.02.2026, pursuant to the order dated 28.01.2026 passed in W.P.M.P. (Crl.) No. 792 of 2025 in W.P. (Crl.) No. 697 of 2025. Therefore, the convict prisoner was entitled to the remaining 12 days of leave and prayed that the same may be granted.

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

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10. On a perusal of the records, it is seen that pursuant to the order dated 28.01.2026 passed by this Court in W.P.M.P. (Crl.) No. 792 of 2025 in W.P. (Crl.) No. 697 of 2025, the convict prisoner availed 28 days of leave from 01.02.2026 to 28.02.2026 and he is eligible for the remaining 12 days of leave. It is also seen that no untoward incident was reported during the said leave period of 28 days and no adverse incident was brought to the notice of this Court. Further, the conduct of the convict prisoner in prison is stated to be good.

11. In the above circumstances, this Court is of the view that the convict prisoner may be granted the remaining 12 days of ordinary leave. Accordingly, the impugned order dated 05.10.2026 passed by the first respondent is set aside and the Writ Petition (Criminal) is allowed without costs subject to the following direction and conditions:

(i) The second respondent shall grant 12 days of ordinary leave, without police escort, to the petitioner's husband, namely, Somasundaram @ Somu, S/o. Perumal, C.T. No. 571 (PID No. 2710), presently confined at Central Prison-I, Puzhal, Chennai,:

(ii) The petitioner shall produce all necessary documents, along with a copy of this order, before the prison authorities;

(iii) On expiry of the leave, the convict prisoner shall surrender before the prison authorities without fail;

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(iv) During the leave period, the convict prisoner shall report before the 3rd respondent Police, daily at 06.30 p.m., without fail and shall strictly abide by all the conditions prescribed in the Prison Manual; and

(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.) 04-11-2026 RAA Note: Issue order copy on 05.11.2026

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To

1. The Deputy Inspector General of Prisons and Correctional Services, Chennai Range, Chennai.

2. The Superintendent of Prison Central Prison-1, Puzhal, Chennai.

3. The Inspector of Police V6, Kolathur Police Station, Chennai.

4. The Public Prosecutor, High Court, Chennai.

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A.D.JAGADISH CHANDIRA, J. AND B.KARTHIKEYAN, J. RAA WP Crl. No. 2777 of 2026 04-11-2026