Sowntherya vs The State Rep. by, The Director General of Prisons

Court
Madras High Court

WP Crl. No. 2812 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
AND
THE HON'BLE MR.JUSTICE B.KARTHIKEYAN
W.P.Crl.No.2812 of 2026
CNR:{HCMA012492092026}
Sowntherya,
W/o.Deepak @ Ram Deepak,
44-G, Thendral Nagar,
Central Jail Backside,
Hasthampatti, Salem.
..Petitioner(s)
Vs
1. The State represented by,
The Director General of Prisons
Head Office of Prison Department,
Egmore.
2. The Superintendent of Prison
Central Prison, Trichy.
3. The Superintendent of Police
Office of Superintendent of Police,
Salem.
4. The Inspector of Police
Hasthampatti Police Station,
Salem.
..Respondent(s)
Writ Petition (Criminal) filed under Section 226 of the Constitution of
India to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the
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WP Crl. No. 2812 of 2026
records pertaining to the impugned order dated 15.09.2026 bearing
No.TNPCS/4776/2026-PS(JA)-4 passed by the first respondent and quash the
same and consequently direct the respondents to grant 60 days furlough, without
escort, in accordance with G.O.Ms.No.82 dated 14.02.2026 to the detenu
Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35 yeras, PID
No.151283, confined at Central Prison, Trichy.
For Petitioner(s): Mr.S.Manoharan
For Respondent(s): Mr.C.R.Malarvannan
Additional Public Prosecutor
ORDER
(made by A.D.Jagadish Chandira, J.)
Challenging the order dated 15.09.2026 bearing No.TNPCS/4776/2026-
PS(JA)-4 passed by the first respondent and quash the same and consequently
direct the respondents to grant 60 days furlough, without escort, in accordance
with G.O.Ms.No.82, Home (Prison-V) Department, dated 14.02.2026 to the
detenu Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35 years, PID
No.151283, confined at Central Prison, Trichy, the petitioner has filed the
present writ petition (criminal).
2. The learned counsel appearing for the petitioner submitted that the
convict prisoner has completed more than ten years of imprisonment and he is
otherwise eligible for furlough and there is no impediment for grant of furlough
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WP Crl. No. 2812 of 2026
to him. However, the first respondent rejected the request of the convict
prisoner for grant of 60 days furlough on the ground that the Probation Officer
has not recommended his release on furlough, since a Rowdy History Sheet
No.177 of 2008 is maintained against him. He further submitted that the
petitioner was earlier granted leave on two occasions and during such time, no
untoward incident has happened and the convict prisoner, under due compliance
of the conditions, has returned to the prison. Under such circumstances, the
Rowdy History Sheet of the year 2008 will not have any bearing for grant of
furlough to the convict prisoner and the order passed by the first respondent
cannot be justified. Further, he submitted that furlough has been sought by the
convict prisoner to make arrangement for the medical treatment of his mother as
well as for him, as he is suffering from Hepatitis C Virus, heart ailment and
diabetes.
3. The learned Additional Public Prosecutor appearing for the
respondents submitted that though the convict prisoner was granted leave by
virtue of the order of this Court, the Probation Officer has not recommended the
release of the convict prisoner and further a Rowdy History Sheet No.177 of
2008 is maintained against the convict prisoner and he is under surveillance.
4. Heard the learned counsel on both sides and perused the materials
available on record.
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WP Crl. No. 2812 of 2026
5. As per the Tamil Nadu Prisons (Release on Furlough) Rules, 2026,
whenever furlough is sought, the Superintendent of Prison has to call for a
verification report from the jurisdictional police station pertaining to the convict
prisoner and the police authority should verify the place of residence, likelihood
of absconding, possibility of breach of peace, and potential threat to the society.
Though a History Sheet is pending against the convict prisoner, he had already
been granted leave pursuant to the order passed by this Court and he, in due
compliance of the conditions, has returned to the prison and during such time,
the convict prisoner has not been brought to any adverse remark.
6. In such view of the matter, we are of the opinion that 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 first respondent shall grant 60 days furlough to the convict
prisoner viz . Deepak @ Ram Deepak, S/o.Madheshwaran, aged about 35
years, PID No.151283, without escort.
(ii) During the said furlough period, the convict prisoner shall report
before the fourth respondent/police, daily at 8.30 a.m. without fail and
abide by all the conditions prescribed in the Prison Manual.
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WP Crl. No. 2812 of 2026
(iii) The convict prisoner shall report back to the second respondent, on
completion of the furlough 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 furlough 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.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
nsd
Note: Issue copy of this order on 28.10.2026.
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WP Crl. No. 2812 of 2026
To
1. The Director General of Prisons
Head Office of Prison Department,
Egmore.
2. The Superintendent of Prison
Central Prison, Trichy.
3. The Superintendent of Police
Office of Superintendent of Police,
Salem.
4. The Inspector of Police
Hasthampatti Police Station,
Salem.
5. The Public Prosecutor,
Madras High Court, Chennai.
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WP Crl. No. 2812 of 2026
A.D.JAGADISH CHANDIRA J.
AND
B.KARTHIKEYAN J.
nsd
W.P.Crl.No.2812 of 2026
26-10-2026
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