R.Pooja vs The Deputy Inspector General

Court
Madras High Court

WP Crl.(MD) No. 5613 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 5613 of 2026
CNR:{HCMD011441062026}
R.Pooja ..Petitioner(s)
Vs
1. The Deputy Inspector General of Prisons and
Correctional Services
Trichy Range,
Race Course Road,
Trichy - 620 023.
2. The Superintendent of Prison
District Prison,
Pudukkottai District.
3. The Superintendent of Police
O/o.The Superintendent of Police,
Nilgiris District.
4. The Inspector of Police
Kethi Police Station,
Nilgiris District. ..Respondent(s)
PRAYER: Habeas Corpus Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified Mandamus, to call
st
for the records relating to the impugned order passed by the 1
respondent vide proceedings in No.RO.TRY/411/2026-CA,
dated16.09.2026 and quash the same as illegal and consequently direct
st
the 1 respondent to grant 28 days Ordinary Leave without police escort
to the petitioner’s father, namely, Ramanidharan, S/o Jeyaraman, aged
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WP Crl.(MD) No. 5613 of 2026
about 58 years, Life Convict, PID No.108152 confined at District Prison,
Pudukkottai District.
For Petitioner(s) : Mr.K.A.S. Prabhu
For Respondent(s) : Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)
The petitioner is the daughter of the convict prisoner, namely,
Ramanidharan, S/o. Jeyaraman, aged about 58 years, a life convict
bearing PID No. 108152. The petitioner has challenged the impugned
order whereby her father was denied leave.
2. The petitioner's father was convicted by the trial Court in
Spl. S.C. No. 32 of 2018. By judgment dated 16.10.2019, the learned
Mahila Court (Sessions Judge), Pudukkottai District, convicted him and
sentenced him to undergo five years of imprisonment and imposed a fine
of Rs. 2,000/-, in default, to undergo simple imprisonment for one month
for the offence under Section 363 IPC; sentenced him to undergo life
imprisonment for the offence under Section 6 of the POCSO Act and
imposed a fine of Rs. 1,000/-, in default, to undergo simple imprisonment
for one month; and sentenced him to undergo two years of rigorous
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WP Crl.(MD) No. 5613 of 2026
imprisonment for the offence under Section 9 of the Prohibition of Child
Marriage Act, 2006.
3. Aggrieved by the judgment of conviction and sentence rendered
by the learned Mahila Court (Sessions Judge), Pudukkottai District, the
petitioner's father preferred an appeal before this Court in Crl. A. (MD)
No. 1 of 2021, which was dismissed, thereby confirming the conviction
recorded by the trial Court.
4. The petitioner's father submitted a representation dated
10.07.2026 to the respondents 1 and 2, seeking 28 days of ordinary leave
on the ground that financial arrangements had to be made for the medical
treatment of the petitioner's mother, who was suffering from severe
asthma. Though the Probation Officer and others had submitted
favourable reports confirming the ailment and the conduct of the
petitioner's father, the fourth respondent raised certain objections. Based
on the same, the impugned order came to be passed.
5. The learned counsel for the petitioner submitted that the alleged
occurrence in this case had taken place decades ago and, moreover, in
Pudukkottai District. The petitioner's father has to visit his residence at
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WP Crl.(MD) No. 5613 of 2026
Kethi, Nilgiris District, and there can be no apprehension of any threat,
intimidation, or physical harm to anyone. Hence, the objection raised by
the fourth respondent is unsupported by any material.
6. The learned Additional Public Prosecutor fairly submitted that,
in this case, the petitioner's request was considered by the Superintendent
of Police, who had sought reports from the Probation Officer and the
jurisdictional police. The Probation Officer had submitted a favourable
report confirming the ailment of the petitioner's mother and the conduct
of the convict prisoner. The fourth respondent, being the jurisdictional
police station under whose jurisdiction the convict prisoner is to reside,
had raised certain objections. However, the learned Additional Public
Prosecutor fairly submitted that the objections were not supported by any
material.
7. In view of the same, and considering that the convict prisoner
has been in prison for seven years, ten months, and 27 days, we are
inclined to quash the impugned order dated 16.09.2026 and direct the
respondents to grant leave to the convict prisoner without police escort.
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WP Crl.(MD) No. 5613 of 2026
8. Accordingly, the writ petition is disposed of with the following
directions:
(i) The respondents are directed to grant 28
days ordinary leave to the petitioner's
father, namely, Ramanidharan S/o
Jeyaraman, aged about 58 years, Life
Convict, PID No.108152 confined at
District Prison, Pudukkottai District,
without escort.
(ii) During the said leave period, he shall report
before the fourth respondent, daily at 10.00
a.m., without fail.
(iii) He shall report back to the second
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.
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WP Crl.(MD) No. 5613 of 2026
(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.
(M.N.K.,J.) (N.G.N.,J.)
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sji
To
1. The Deputy Inspector General of Prisons and Correctional Services
Trichy Range,
Race Course Road,
Trichy - 620 023.
2. The Superintendent of Prison
District Prison,
Pudukkottai District.
3. The Superintendent of Police
O/o.The Superintendent of Police,
Nilgiris District.
4. The Inspector of Police
Kethi Police Station,
Nilgiris District.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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WP Crl.(MD) No. 5613 of 2026
M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
sji
WP Crl.(MD) No. 5613 of 2026
27-10-2026
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