Sellammal vs The State Rep by The Home Secretary
- Court
- Madras High Court
W.P.Crl.No.2738 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HON'BLE MR. JUSTICE B.KARTHIKEYAN
W.P.Crl.No.2738 of 2026
CNR: {HCMA012445422026}
Sellammal
..Petitioner(s)
Vs.
1. The Home Secretary,
Home Department (Prison),
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Zone,
Coimbatore.
3. The Superintendent of Prison,
Central Prison, Salem.
4. The Inspector of Police,
Rasipuram Police Station,
Namakkal District,
Rasipuram – 637 408.
..Respondent(s)
Prayer: Writ Petition (Criminal) filed under Article 226 of the Constitution of
India, seeking to issue a Writ of Certiorarified Mandamus, calling for the
nd
records relating to the proceedings in No.828/Kc2/2025, by the 2 respondent
nd
dated 09.09.2026, quash the same and consequently, direct the 2 respondent to
grant ordinary leave without escort to the petitioner’s son, Velu, S/o.
Kandasamy, PID No.449202, presently confined in the Central Prison, Salem.
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W.P.Crl.No.2738 of 2026
For Petitioner(s) : Mr.N.Nagarjuna
For Respondent(s) : Mr.C.R.Malarvannan,
Additional Public Prosecutor
ORDER
(Made by A.D.JAGADISH CHANDIRA, J.)
This Writ Petition (Criminal) has been filed challenging the order dated
nd
09.09.2026 passed by the 2 respondent bearing No.828/Kc2/2025, rejecting
the request of the petitioner’s son/convict prisoner for grant of ordinary leave
nd
and seeking a consequential direction to the 2 respondent to grant ordinary
leave without escort to the petitioner’s son, Velu, S/o. Kandasamy, PID
No.449202, who is presently confined in the Central Prison, Salem.
2. The brief facts of the case are as follows:-
2.1 The petitioner’s son was convicted for the offences under Sections
366 and 376(1) of IPC and sentenced to undergo rigorous imprisonment for
periods of seven years and ten years respectively, vide judgment dated
30.01.2023 passed in S.C.No.45 of 2014 by the learned Sessions Judge, Mahalir
Neethimandram, Salem and the sentences were ordered to run concurrently. The
said conviction and sentence were subsequently confirmed by this Court, vide
judgment dated 01.08.2025 passed in Crl.A.No.519 of 2023. Consequently, the
petitioner’s son has been confined in prison as a convict prisoner for about four
years.
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W.P.Crl.No.2738 of 2026
2.2 The petitioner is a sexagenarian and is suffering from various age-
related ailments. Due to her advanced age and medical condition, she requires
assistance to attend to her medical needs. Since she is in need of assistance and
moral support of her son, the convict prisoner submitted a representation to the
nd
respondents seeking grant of ordinary leave. However, the 2 respondent, vide
impugned order dated 09.09.2026, rejected the request of the petitioner’s
son/convict prisoner on the ground that neither the Probation Officer nor the
Superintendent of Prison recommended the case for grant of ordinary leave.
Challenging the said order of rejection, the petitioner has approached this Court.
3. Learned counsel for the petitioner made the following submissions:-
3.1 The petitioner is suffering from various age-related ailments and
requires the presence of her son/convict prisoner to provide both moral and
nd
medical support. However, without considering these material facts, the 2
respondent rejected the request of the petitioner’s son/convict prisoner for grant
of ordinary leave, which is ex facie unsustainable.
3.2 The convict prisoner is also suffering from mental illness, and only if
he is granted leave, he will be able to undergo necessary medical treatment and
make arrangements for the petitioner’s medical care. Furthermore, the petitioner
gives an undertaking that she will take care of the convict prisoner during the
leave period and ensure his timely return to the prison upon its expiry. The
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W.P.Crl.No.2738 of 2026
convict prisoner is otherwise eligible for the grant of ordinary leave without
escort.
4. Per contra, the learned Additional Public Prosecutor appearing for the
respondents made the following submissions:-
4.1 During the enquiry, the reasons assigned by the petitioner’s son/
convict prisoner for grant of ordinary leave were found to be false, thereby,
necessitating the rejection of the representation. Further, though the petitioner
contends that both she and her son are suffering from ailments, no medical
evidence has been placed on record to substantiate the said claims. Hence, the
nd
2 respondent rightly rejected the request of the petitioner’s son, vide the
impugned order, which suffers from no illegality or infirmity.
4.2 Even if this Court is inclined to grant leave, since this is the first leave
application of the convict prisoner, the same must necessarily be ordered only
with an escort.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, and taking into
consideration the fact that the petitioner is a sexagenarian, this Court is inclined
to set aside the impugned rejection order.
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7. Accordingly, the impugned rejection order dated 09.09.2026 passed by
nd nd
the 2 respondent, is hereby set aside and consequently, the 2 respondent is
directed to grant 21 days ordinary leave without escort to the petitioner’s son /
convict prisoner with the following directions:-
(i) The petitioner shall produce all necessary documents, along with a
copy of this order, before the prison authorities;
(ii) On expiry of the leave, the detenu shall surrender before the prison
authorities without fail;
(iii) During the leave period, the convict prisoner shall report before the
th
4 respondent Police, daily at 06.30 p.m., without fail and shall strictly abide by
all the conditions prescribed in the Prison Manual; and
(iv) 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.
8. With the above directions and observation, this Writ Petition
(Criminal) stands allowed . No costs.
(A.D.J.C., J.) (B.K., J.)
30.10.2026
skt
Neutral Citation: Yes/No
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W.P.Crl.No.2738 of 2026
To:
1. The Home Secretary,
Home Department (Prison),
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Deputy Inspector General of Prison,
Coimbatore Zone, Coimbatore.
3. The Superintendent of Prison,
Central Prison, Salem.
4. The Inspector of Police,
Rasipuram Police Station,
Namakkal District,
Rasipuram – 637 408.
5. The Public Prosecutor,
Madras High Court.
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W.P.Crl.No.2738 of 2026
A.D.JAGADISH CHANDIRA, J.
AND
B.KARTHIKEYAN, J.
skt
W.P.Crl.No.2738 of 2026
30.10.2026
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