Facts
The petitioner, a life-convict serving sentences for offences under Sections 302, 364 and 201 IPC, sought 60 days’ furlough to arrange partition of property belonging to his late mother.
Source reference: pp. 2–3, paras. 2–4His conviction had been affirmed on appeal and attained finality.
Source reference: p. 3, para. 3He had previously been released on ordinary leave twice, complied with the conditions, and returned to prison.
Source reference: pp. 4–5, paras. 5, 7, 9The first respondent rejected his furlough request based on the sixth respondent’s objection to release without police escort.
Source reference: p. 4, para. 6The Probation Officer had recommended furlough following an inquiry and submitted a favourable report.
Source reference: p. 5, para. 10Issues
Whether the petitioner’s request for 60 days’ furlough could be rejected solely because a local police officer objected to his release without police escort.
Source reference: pp. 4–5, paras. 6, 8–10Whether, on the record before it, the Court should set aside the rejection and direct the grant of furlough, subject to conditions.
Source reference: pp. 5–6, paras. 9–11Law Applied
The Court considered the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, including Rule 15(2)(i), under which the petitioner was directed to execute a bond in Form III-B before the jurisdictional Tahsildar.
Source reference: p. 6, para. 11(vii)It also stated that police escort cannot be provided in furlough proceedings.
Source reference: p. 5, para. 8The judgment cites no precedent and identifies no additional statutory test for furlough eligibility.
Source reference: no citationReasoning
The Court found that the petitioner had complied with the conditions of his two previous releases, surrendered within the stipulated time, and had no adverse conduct reported; the fifth respondent confirmed his compliance, and the Probation Officer’s report was favourable.
Source reference: pp. 4–5, paras. 5, 7, 9–10The sole stated basis for rejection was the sixth respondent’s objection to release without escort. Since escort could not be provided in furlough proceedings, and the record otherwise supported the request, the Court held that the objection did not justify rejecting furlough.
Source reference: pp. 5–6, paras. 8–11Holding
The Court allowed the writ petition and set aside the impugned order dated 25 August 2026.
It directed that the petitioner be released on furlough without escort for 60 days, from 13 October to 12 December 2026, and report back to prison by 10:00 a.m. on 12 December 2026.
Source reference: p. 6, para. 11(iii)–(iv)During furlough, he was required to report daily at 6:00 p.m. to the Vaiyampatti Police Station, produce the necessary documents, execute the prescribed bond with two sureties, and comply with the jail-manual conditions.
Source reference: p. 6, para. 11(v)–(viii)Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18603
Original Court PDF
Christhu Arockiasamy @ RajakvsThe Director General of Pris
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