Chellammal vs The State Rep by The Additional Chief Secretary to

Court
Madras High Court

W.P.Crl.No.2708 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HON'BLE MR. JUSTICE KRISHNASWAMY GOVINDARAJAN
W.P.Crl.No.2708 of 2026
and W.P.M.P.Crl.No.1000 of 2026
CNR: {HCMA012374072026}
Chellammal ..Petitioner(s)
Vs
1. The State rep. by,
The Additional Chief Secretary to Government.
Home (Prisons) Department,
Secretariat,
Fort St. George, Chennai.
2. The Director General of Prisons,
Prison Head Quarters,
Whannels Road,
Egmore,
Chennai – 600 008.
3. The Deputy Inspector General of Prisons,
Prison Head Quartes,
Whannels Road,
Egmore, Chennai – 600 008.
4. The Superintendent of Prisons
Central Prison,
Coimbatore.
5. The Inspector of Police
Lalgudi Police Station,
Tiruchirappalli.
..Respondent(s)
Page 1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
PRAYER : Writ Petition (Criminal) is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the
records in the impugned order No.TNPCS/3535/2026-PS(JA)-4, dated
10.09.2026 passed by the second respondent and quashing the same and
consequently direct the respondents to grant 60 days of furlough to the
petitioner’s son, the life convict prisoner Karuppu @ Karuppusamy, S/o
Muthurasu PID No.42608, presently confined in the Central Prison,
Coimbatore.
For Petitioner(s) : Ms.S.Nadhiya
For Respondent(s) : Mr.C.R.Malarvannan,
Additional Public Prosecutor
ORDER
(Order was made by A.D.JAGADISH CHANDIRA J.)
Challenging the order dated 10.09.2026 passed by the second respondent
rejecting the request of the petitioner for grant of sixty days furlough to her
son/convict prisoner and for a consequential direction to the respondents to
grant sixty days furlough to her son/convict prisoner, this writ petition
(criminal) has been filed.
2. The case of the petitioner is that her son is a convict prisoner and
that he is in incarceration pursuant to the judgment dated 22.03.2019 passed in
Page 2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
st
S.C.No.207 of 2017, on the file of the 1 Additional District and Sessions Court,
Coimbatore.
3. It is the further case of the petitioner that she had sent a
representation dated 12.06.2026 to respondents 3 and 4 seeking 60 days
furlough to her son. However, the second respondent, based on the report of the
Probation Officer that the convict prisoner had not taken care of the financial
needs of his mother and that his release might cause apprehension among the
residents of the locality, rejected the petitioner’s representation vide order dated
10.09.2026. Aggrieved by the same, the present petition has been filed.
4. Learned counsel for the petitioner submitted that the convict
prisoner is eligible for furlough as per Rule 3 of the Framing of Tamil Nadu
Prisons (Release of Furlough) Rules, 2026, provided he maintains good conduct
in prison. In such circumstances, the rejection of the petitioner’s request is
without any justification and therefore, it is liable to be set aside. She further
submitted that as per the judgment of the Hon’ble Apex Court in Atbir vs. State
of NCT of Delhi [(2022) 13 SCC 96], a convict prisoner is eligible for furlough
if he maintains good conduct and that it cannot be denied as a matter of course.
She also submitted that the convict prisoner was earlier granted leave from
26.05.2026 to 24.06.2026 and during such time, he had maintained good
Page 3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
conduct and was never brought to any adverse notice. Hence, she prayed to set
aside the rejection order.
5. Learned Additional Public Prosecutor submitted that the character
and conduct of the convict prisoner inside the prison are good. He further
submitted that the convict prisoner was earlier granted leave from 26.05.2026 to
24.06.2026 as per the order of this Court dated 20.05.2026 in W.P.(Crl.)
No.1186 of 2026 and during such time, no untoward incident happened.
However, since the Probation Officer and the local police had not given any
favourable report, the petitioner’s request seeking furlough for her son/convict
prisoner was rejected.
6. Heard both sides and perused the materials available on record
7. At the outset, it is relevant to advert to the definition of the word
‘furlough’ as found in Rule 2(d) of the Tamil Nadu Prisons (Release of
Furlough) Rules, 2026, which reads as follows:-
“2 (d) “furlough” means release of a convict prisoner under
these rules for a specified period of time after ten years of
incarceration by way of motivation for them to maintain good
conduct and remain disciplined in the prison.”
Page 4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
8. It is also relevant to extract Rule 3(1), ibid. , which reads as under:-
“3. Eligibility for furlough:-
(1) A convict prisoner is eligible for furlough if
(i) he/she has completed ten (10) years of
imprisonment;
(ii) his/her conduct during the period of incarceration has been
satisfactory.”
9. Applying the eligibility conditions for furlough prescribed under
Rule 3, ibid., it is reported that the convict prisoner’s behaviour and conduct
during his period of imprisonment are good. Furthermore, he had also been
granted with leave by this Court, during which period, no untoward incident had
happened. Therefore, we feel that there is no justification in the second
respondent’s order rejecting the request made by the petitioner.
10. In view of the above, the impugned order dated 10.09.2026 passed
in No.TNPCS/3535/2026-PS(JA)-4, is set aside and the first respondent is
directed to grant furlough to the convict prisoner for a period of sixty days
without escort, subject to the usual conditions imposed by the first respondent.
Page 5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
11. After expiry of the furlough, the convict prisoner shall surrender
before the prison authorities without fail.
12. Accordingly, this Writ Petition (Criminal) stands allowed. No costs.
Consequently, the connected miscellaneous petition is closed.
(A.D.J.C.,J.) (K.G.R.,J.)
09-10-2026
Neutral Citation: Yes/No
ham
Page 6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
To
1. The Additional Chief Secretary to Government.
Home (Prisons) Department,
Secretariat,
Fort St. George, Chennai.
2. The Director General of Prisons,
Prison Head Quarters,
Whannels Road,
Egmore,
Chennai – 600 008.
3. The Deputy Inspector General of Prisons,
Prison Head Quartes,
Whannels Road,
Egmore, Chennai – 600 008.
4. The Superintendent of Prisons
Central Prison,
Coimbatore.
5. The Inspector of Police
Lalgudi Police Station,
Tiruchirappalli.
6. The Public Prosecutor,
High Court of Madras.
Page 7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

W.P.Crl.No.2708 of 2026
A.D.JAGADISH CHANDIRA, J.
AND
KRISHNASWAMY GOVINDARAJAN, J.
ham
W.P.Crl.No.2708 of 2026
and W.P.M.P.Crl.No.1000 of 2026
09-10-2026
Page 8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )