Madras High Court

WP Crl.(MD)/6074/2026 of Ganesan Vs The Deputy Inspector General of Prisons on 12 November 2026

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WP Crl.(MD) No. 6074 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-11-2026

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR

AND

THE HON'BLE MR.JUSTICE N.GUNASEKARAN

WP Crl.(MD) No. 6074 of 2026

CNR:{HCMD011568442026}

Ganesan

S/o, Palaru,

CP No.24179,

PID No.267905

Cental Prison, Trichy-620020

..Petitioner(s)

Vs

1. The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy-620023.

2. The Superintendent of Prison,

Central Prison,

Trichy-620020.

3. The Inspector of Police,

Kulithalai Police Station,

Karur District.

..Respondent(s)

PRAYER: To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Order passed by the 1st respondent vide her proceedings in No.RO-TRY/544/2026-CA, dated 16.09.2026, consequently grant 21 days ordinary leave without police escort to Ganesh, S/o.Palaru, CP NO.24179, PID NO.267905 confined at Central Prison,Trichy forthwith considering the representation dated 23.05.2026

WP Crl.(MD) No. 6074 of 2026

For Petitioner(s)

:M/s C.Karthikeyan

For Respondent(s)

:M/s.G.Karuppasamy Pandian

Additional Public Prosecutor

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ORDER

(Order of the Court was made by M. NIRMAL KUMAR J.) This petition has been filed to quash the impugned order passed by the first respondent in No.RO-TRY/544/2026-CA, dated 16.09.2026 and consequently direct the respondents to grant ordinary leave for 21 days without escort to the detenue, Ganesh, S/o.Palaru, CP No.24179, PID NO.267905 confined at Central Prison,Trichy forthwith considering the representation dated 23.05.2026

2. It is the case of the petitioner he was convicted and sentenced to undergo 20 years rigorous imprisonment for the offence under Section 376(2)(d) of IPC by the Fast Track Mahila Court, Karur in Spl.S.C.No.22 of 2021. Since the petitioner wants to partition the family property to make arrangement to pay school fees for the children the petitioner made a request to the respondents for grant of ordinary leave. But, the respondents, under the order dated 16.09.2026, had rejected the same on the ground that the Probation Officer has not recommended for leave.

WP Crl.(MD) No. 6074 of 2026

3. The learned Additional Public Prosecutor appearing for the respondents submitted that in this case the convict prisoner is eligible for leave, since the Probation Officer has not recommended for leave, the representation was rejected.

4. The leave was rejected only on the ground that the Probation Officer has not recommended for leave. It is seen that the petitioner has sought for leave to partition the family property to make arrangement to pay school fees for the children the petitioner and he is also eligible for leave.

5. In view of the above the impugned order passed by the first respondent dated 26.09.2026 is set aside the convict prisoner is granted 21 days ordinary leave without escort with the following directions:

(i) The respondents are directed to grant 21 days ordinary leave to the convict prisoner namely Ganesh, S/o.Palaru, CP No.24179, PID NO.267905 confined at Central Prison,Trichy without escort

(ii) During the said leave period, the convict prisoner shall report before the third

WP Crl.(MD) No. 6074 of 2026 respondent, daily at 5.00 p.m., without fail.

(iii) He shall report back to the second 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 jail authorities.

(v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

(vi) The convict shall utilize the leave only for the reason for which it has been granted and shall not partake in any other activities

(vii) The concerned Superintendent of Prison/jail authorities are directed to impose other conditions as contemplated under Rule 26 of the Tamil Nadu Suspension of Sentence Rules,1982.

(viii) No costs. (M.N.K.,J.) (N.G.N.,J.) 12-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV

WP Crl.(MD) No. 6074 of 2026 To

1. The Deputy Inspector General of Prisons Trichy Range Race Course Road Trichy-620023

2. The Superintendent of Prison Central Prison Trichy-620020

3. The Inspector of Police Kulithalai Police Station Karur District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

WP Crl.(MD) No. 6074 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 6074 of 2026 12-11-2026

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