Aruna vs The Deputy Inspector General of Prisons and Correc

Court
Madras High Court

WP Crl. No. 2777 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HON'BLE MR.JUSTICE B.KARTHIKEYAN
WP Crl. No. 2777 of 2026
CNR: {HCMA012470832026}
Aruna
W/o Somasundaram @ Somu,
No.433, 9th Street,
Bakthavatchalam Colony,
Vyasarpadi,
Chennai.
..Petitioner(s)
Vs
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.
..Respondent(s)
PRAYER: Writ Petition (Criminal) filed under Article 226 of the Constitution
of India, seeking issuance of a Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned proceedings of the first respondent in RO-
CHN/143/2026-CA.1 dated 5-10-2026, quash the same and consequently direct
the respondents to grant 40 days ordinary leave without police escort to the
petitioners husband, namely Somasundaram @ Somu, S/o Perumal, C.T.
No.571 (PID No.2710), presently confined at Central Prison-1, Puzhal, Chennai
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WP Crl. No. 2777 of 2026
to attend to the ill-health and medical and family requirements of his mother
and wife, subject to such reasonable conditions as this Court may deem fit and
proper, or alternatively direct the first respondent to reconsider the request
afresh in accordance with law.
For Petitioner(s): Mr. Nambiselvan B
For Respondent(s): Mr. C.R.Malarvannan,
Additional Public Prosecutor
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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
(iv) During the leave period, the convict prisoner shall
rd
report before the 3 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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WP Crl. No. 2777 of 2026
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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WP Crl. No. 2777 of 2026
A.D.JAGADISH CHANDIRA, J.
AND
B.KARTHIKEYAN, J.
RAA
WP Crl. No. 2777 of 2026
04-11-2026
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