Suseela vs The Deputy Inspector General

Court
Madras High Court

WP Crl.(MD) No. 5809 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MRS.JUSTICE THIRUMAGAL
CHANDRASEKAR
WP Crl.(MD) No. 5809 of 2026
CNR:{HCMD011529222026}
Suseela
W/o, Subramani,
No.158, Ezhil Nagari,
Gandhigramam,
Karur District-639004
..Petitioner(s)
Vs
1. The Deputy Inspector General of Prisons
Trichy Range,
Race Course Road,
Trichy-620 023.
2. The Superintendent of Prison
Central Prison,Trichy-620 020
3. The Inspector of Police
Pasupathipalayam Police Station,
Karur District
..Respondent(s)
PRAYER: To issue a Writ of Certiorarified Mandamus call for the
records relating to the Impugned Order passed by the first respondent
vide her proceedings in No.RO TRY.240/2026-G1, Dated 18.06.2026
Quash the same as illegal and void, consequently grant 21 days ordinary
leave without police escort to Saravanan S/o.Subramani, (PID
No.256075) confined at Central Prison, Trichy forthwith considering the
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WP Crl.(MD) No. 5809 of 2026
representation dated 21.04.2026.
For Petitioner(s) :M/s C.Karthikeyan
For Respondent(s) :Mr.G.Karuppasamy Pnadiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)

The petitioner/the mother of the convict prisoner, namely,
Saravanan, son of Subramanian, PID No.256075 confined in Central
Prison, Trichy, had sent a representation on 21.04.2026 seeking for 21
days ordinary leave for her son to take care and provide help for her
husband/the father of the convict prisoner, who is suffering from health
ailments including prostatomegaly and is also suffering from diabetic
retinopathy. The petitioner’s representation was rejected solely on the
ground that the probation officer’s report has not been obtained and hence
the petitioner filed the present petition.
2. The learned counsel for the petitioner submitted that the
petitioner is the mother of the convict petitioner. The petitioner’s son was
convicted by the learned Principal District and Session Judge in S.C.No.7
of 2021 by judgment dated 19.04.2022 and sentenced him to life
imprisonment for the offence under Section 302 IPC. The petitioner’s son
had filed Crl.A(MD)No. 312 of 2025 and the appeal was dismissed on
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WP Crl.(MD) No. 5809 of 2026
18.12.2025 confirming the judgment of conviction and sentence of the
trial court. The petitioner's husband, Subramani is suffering from
prostatomegaly and he is also suffering from diabetic retinopathy for the
past six years and he is undergoing regular treatment in Government
Hospital at Karur and he was taking treatment from the year 2016 till
date. The petitioner requests her son's presence for better medical
treatment to her husband/the father of the convict prisoner.
3. In support of his contention, the learned counsel had produced
the medical certificate issued by Malar Hospital and the medical details
of Subramani, who is the father of the convict prisoner from the year
2016 to 2026.
4. The Additional Public Prosecutor appearing for the respondents
submitted that the Superintendent of Central Prison had forwarded the
the representation of the petitioner to the first respondent and the
Probation Officer had given a report after making an enquiry with
Saroja, who is the sister of the convict prisoner and found that their father
namely, Subramani was not seriously ill as projected and represented by
the petitioner. Hence, the representation was rejected. But the Additional
Public Prosecutor fairly submitted that as per Rule 20 of the Prison
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WP Crl.(MD) No. 5809 of 2026
Manual, the petitioner is eligible for 21 days leave. He also submitted that
the convict prisoner had completed four years of sentence so far.
5. A perusal of the impugned order would show that though
the report of the Probation Officer is called for, the same has not been
received.
6. Considering the submissions and perusal of the materials,
it is seen that the petitioner’s husband/the father of the convict prisoner is
not in good health. Hence, we are inclined to direct the respondents to
grant leave without police escort.
5. Accordingly, the writ petition is disposed of with the
following directions:
(i) The respondents are directed to grant 21
days ordinary leave to the petitioner
without escort to the petitioner namely
Saravanan S/o.Subramani,(PID No.256075)
confined at Central Prison, Trichy.
(ii) During the said leave period, the convict
prisoner shall report before the third
respondent, daily at 10.00 a.m., without
fail.
(iii) He shall report back to the second
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WP Crl.(MD) No. 5809 of 2026
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.) (T.M.C.,J.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
CM
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WP Crl.(MD) No. 5809 of 2026
To
1. The Deputy Inspector General of Prisons
Trichy Range
Race Course Road
Trichy-620 023
2. The Superintendent of Prison
Central Prison,Trichy-620 020
3. The Inspector of Police
Pasupathipalayam Police Station
Karur District
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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WP Crl.(MD) No. 5809 of 2026
M.NIRMAL KUMAR, J.
AND
THIRUMAGAL CHANDRASEKAR, J.
CM
WP Crl.(MD) No. 5809 of 2026
26-10-2026
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