WP CRL./2911/2026 of Govinthammal Vs The State Represented by its, The Director General on 3 November 2026

ORDER

(Made by A.D.JAGADISH CHANDIRA J.)

Challenging the order dated 22.10.2026, passed by the first respondent, rejecting the petitioner’s request for grant of sixty days furlough without escort to her son/convict prisoner and seeking a consequential direction to the respondents to grant sixty days furlough without escort to her son/convict prisoner, this writ petition (criminal) has been filed.

2. The case of the petitioner is that her son, Suresh S/o. Thirunavukarasu, aged about 40 years, PID No.37600(CT-6380), was convicted and sentenced to life imprisonment vide judgment dated 13.07.2016, passed in S.C.No.73 of 2009, on the file of the Principal Sessions Court, Chennai, which was subsequently confirmed by this Court. The petitioner sent a representation dated 01.04.2026 to the respondents seeking 60 days furlough for her son/convict prisoner to enable him to make necessary arrangements for house repairs during the rainy season, to make financial arrangements for the education of his children and to take the petitioner to hospital for treatment. However, while the Probation Officer, considering that the conduct of the convict prisoner in prison is satisfactory, has recommended for grant of

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furlough to the convict prisoner, the first respondent, by the impugned order dated 22.10.2026, rejected the request based on the report given by the jurisdictional police. Aggrieved by the same, the present writ petition has been filed before this Court.

3. Learned counsel for the petitioner submitted that as the petitioner has fallen ill, the presence of her son/convict prisoner is required to attend to her and also to support the financial needs of his family. He further submitted that the convict prisoner was on bail during trial and his sentence was suspended pending the appeal. Further, even after his conviction, he has been granted leave on several occasions, during which time, no untoward incident happened and he was never brought to any adverse notice. He also submitted that though the Probation Officer had also recommended the case of the convict prisoner, relying on the adverse report given by the jurisdictional police, the first respondent rejected the petitioner’s request vide impugned order dated 22.10.2026, which is liable to be set aside.

4. Learned Additional Public Prosecutor submitted that it is true that the Probation Officer had recommended the grant of furlough to the petitioner’s son/convict prisoner and he has also availed leave on several occasions. However, the first respondent, relying on the report given by the jurisdictional police stating that there is a life threat to the convict prisoner from the affected

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persons and that his release could lead to a law and order problem, has rejected the petitioner’s request.

5. Heard both sides and perused the materials available on record, including the proforma produced by the respondents.

6. Having perused the materials on record, it is seen that the Probation Officer has recommended granting furlough to the petitioner’s son/convict prisoner and that the petitioner’s son/convict prisoner was on bail during the trial as well as during the pendency of the appeal. Moreover, the convict prisoner was granted leave on many occasions, during which no untoward incident had happened. Therefore, the ground stated in the report of the jurisdictional police cannot be justified. Consequently, we find no justification in the first respondent’s order rejecting the request made by the petitioner and hence, we are inclined to set aside the impugned order.

7. Accordingly, the impugned rejection order dated 22.10.2026, passed by the first respondent in No.TNPCS/2713/2026-PS(JA)-4, is hereby set aside. Consequently, 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 and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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

9. Accordingly, this Writ Petition (Criminal) stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. (A.D.J.C.,J.) (B.K.,J.) 03-11-2026 Neutral Citation: Yes/No ham To

1. The Director General of Prison, Head Office of Prison department, Egmore – 600 008.

2. The Superintendent of Prison, Central Prison Puzhal-1, Puzhal – 600 066.

3. The Inspector of Police, H-1 Vannarapettai Police Station, Chennai – 600 021.

4. 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. 2911 of 2026 and W.P.M.P.Crl.No.1068 of 2026 03-11-2026