G.Punniyavathi vs State of Tamil Nadu, Rep by the Secretary to Gover

Court
Madras High Court

WP Crl. No. 2484 of 2026
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.2484 of 2026
CNR:{HCMA012231362026}
G.Punniyavathi
W/o Late Govindaraj,
Periyapothur, Vadugapatti Post,
Moolanur via Dharapuram Taluk,
Tirupur District.
..Petitioner(s)
Vs
1. State of Tamil Nadu represented by the
Secretary to Government.
Home (Prison IV) Department,
Secretariat, Fort St. George, Chennai.
2. The Director General of Prisons and
Correctional Services, Egmore, Chennai.
3. The Deputy Inspector General of Prisons and
Correctional Services,
Coimbatore Central Prison Campus,
Coimbatore.
4. The Superintendent of Prison
Salem Central Prison,
Salem.
5. The Inspector of Police
Mulanur Police Station,
Tirupur District.
6. The Probation Officer
Thiruppur, Thiruppur District.
..Respondent(s)
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
Writ Petition (Criminal) filed under Section 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned order of the second respondent in
No.TNPCS/3404/2026-PS(JA)-4 dated 25-08-2026 and quash the same as
illegal and consequently direct the respondents 1 to 4 grant 60 days furlough for
the petitioner's son Gobu, (PID No.30838), aged 41 years, son of Late
Govindaraj, confined at Salem Central Prison.
For Petitioner(s): Mr.M.Murugesan
For Respondent(s): Mr.C.R.Malarvannan
Additional Public Prosecutor
ORDER
(made by A.D.Jagadish Chandira, J.)
Challenging the order dated 25-08-2026 bearing No.TNPCS/3404/2026-
PS(JA)-4 passed by the second respondent and quash the same and
consequently, direct the respondents 1 to 4 to grant 60 days furlough for her son
Gobu, (PID No.30838), aged 41 years, son of Late Govindaraj, confined at
Central Prison, Salem, the petitioner has filed the present writ petition
(criminal).
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
2. It is the case of the petitioner that her son Gobu, (PID No.30838),
aged 41 years, son of Late Govindaraj, who is confined at Central Prison,
Salem, was convicted for the offence under Section 302 r/w 120-B IPC and
sentenced to undergo life imprisonment and he has served the sentence for
eleven years and therefore, the convict prisoner sought furlough for 60 days
under the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, to make
arrangement for medical treatment of the petitioner, as she is suffering from
various ailments. However, the second respondent rejected the request made by
the convict prisoner on the ground that the Probation Officer has not
recommended his case. Hence, she seeks quashment of the impugned order by
granting furlough to the convict prisoner.
3. The learned counsel appearing for the petitioner submitted that the
convict prisoner has completed eleven years of imprisonment and his conduct in
the prison is good; though the convict prisoner is eligible for furlough, the
second respondent, without proper assessment of the reports, has rejected the
request of the convict prisoner; the convict prisoner was on bail during trial and
he was also granted the reliefs of suspension of sentence and bail during the
pendency of an appeal before this Court and during such time, the convict
prisoner was residing in the same village and he has not been brought to any
adverse notice and there was no retaliation on the side of the victim's family; as
on date, the victim's family is living 30 kms. away from the place, where, the
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
convict prisoner intends to reside during the period of furlough; further, the
report of the Probation Officer stating that the convict prisoner's eligibility for
furlough may be considered only if he has previously availed himself of
emergency leave and medical leave cannot be sustained in law, as the Rules
does not prescribe such a prerequisite.
4. The learned Additional Public Prosecutor appearing for the
respondents fairly submitted that while the convict prisoner was on bail during
trial and pending appeal before this Court, he has not been put to any serious
adverse notice and his conduct in the prison is also good.
5. Heard the learned counsel on both sides and perused the materials
available on record.
6. Having gone through the records, we find that the convict prisoner
is eligible for furlough and there is no justification in the impugned order
rejecting the grant of furlough to the convict prisoner.
7. Accordingly, the impugned order is set aside and the writ petition
(criminal) is allowed with the following directions:
(i) The second respondent shall grant 60 days furlough to the convict
prisoner viz . Gobu, (PID No.30838), aged 41 years, son of Late
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
Govindaraj, without escort.
(ii) During the said leave period, the convict prisoner shall report before
the fifth respondent/police, daily at 8.30 a.m. without fail and abide by
all the conditions prescribed in the Prison Manual.
(iii) The convict prisoner shall report back to the fourth 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 prison authorities.
(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.)
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
nsd
Note: Issue copy of this order on 29.10.2026.
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
To
1. The Secretary to Government.
Home (Prison IV) Department,
Secretariat, Fort St. George,
Chennai.
2. The Director General of Prisons and
Correctional Services
Egmore, Chennai.
3. The Deputy Inspector General of Prisons and
Correctional Services,
Coimbatore Central Prison Campus,
Coimbatore.
4. The Superintendent of Prison
Salem Central Prison,
Salem.
5. The Inspector of Police
Mulanur Police Station,
Tirupur District.
6. The Probation Officer,
Thiruppur,
Thiruppur District.
7. The Public Prosecutor,
Madras High Court, Chennai.
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )

WP Crl. No. 2484 of 2026
A.D.JAGADISH CHANDIRA J.
AND
B.KARTHIKEYAN J.
nsd
WP Crl. No. 2484 of 2026
27-10-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2026 04:27:42 pm )