After 11 Years In Prison, Son Gets 60-Day Furlough To Arrange Ailing Mother’s Medical Treatment: Madras HC

The petitioner sought furlough for her son, Gobu, a life prisoner convicted under Section 302 read with Section 120-B IPC, who had served eleven years of his sentence.

The request for 60 days’ furlough, sought to enable him to arrange medical treatment for his mother, was rejected by the second respondent because the Probation Officer had not recommended it.

The petitioner challenged that rejection under Article 226, contending, among other things, that the rules did not require a prisoner to have previously taken emergency or medical leave before being considered for furlough

The petition was brought under Article 226 of the Constitution of India, and the prisoner’s request was made under the Tamil Nadu Prisons (Release on Furlough) Rules, 2026

The Court noted that those Rules did not prescribe prior use of emergency or medical leave as a prerequisite to furlough

The Court found Gobu eligible for furlough and held there was no justification for the rejection

In reaching that conclusion, it noted that his prison conduct was good and that, while on bail during trial and during the pendency of his appeal, he had not come to adverse notice; the State’s counsel fairly accepted those matters

The stated requirement that he must previously have availed emergency or medical leave could not support rejection because the Rules imposed no such prerequisite

It directed the second respondent to grant Gobu 60 days’ furlough without escort.

During the leave, he must report daily to the fifth respondent at 8:30 a.m., comply with the Prison Manual, return to the fourth respondent on completion of the leave, and use the leave only for the stated purpose.