01Facts
The petitioner, Sowntherya, sought to challenge the first respondent’s order dated 15 September 2026 rejecting 60 days’ furlough for her husband, Deepak @ Ram Deepak, a prisoner at Central Prison, Trichy.
pp. 2–3The rejection relied on the Probation Officer’s non-recommendation, based on a Rowdy History Sheet maintained against the prisoner.
pp. 2–3The petitioner submitted that he had previously availed leave, complied with its conditions and returned to prison without adverse incident; furlough was sought for medical reasons concerning both him and his mother.
pp. 2–3The State opposed the petition, relying on the history sheet and the Probation Officer’s non-recommendation.
p. 302Issues
i.1. Whether the prisoner’s Rowdy History Sheet and the Probation Officer’s non-recommendation justified rejecting his request for furlough.
pp. 3–4ii.2. Whether the impugned order should be set aside and the prisoner granted 60 days’ furlough without escort.
p. 2 · p. 403Law Applied
Under the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, when furlough is sought, the prison Superintendent must obtain a verification report from the jurisdictional police station.
p. 4The police must verify the prisoner’s place of residence, likelihood of absconding, possibility of breach of peace and potential threat to society.
p. 4The Court also considered the prisoner’s prior compliance with leave conditions and the absence of adverse remarks during those periods.
p. 404Reasoning
The Court held that the existence of a history sheet did not, by itself, justify refusing furlough in the circumstances.
p. 4The prisoner had previously been released on leave pursuant to a court order, returned to prison in compliance with the conditions, and attracted no adverse remarks during that period.
p. 4In light of those circumstances, the Court found no justification for the impugned rejection.
p. 405Holding
The Court allowed the criminal writ petition and set aside the order dated 15 September 2026.
p. 4It directed the first respondent to grant the prisoner 60 days’ furlough without escort.
p. 4During furlough, he must report daily to the fourth respondent/police at 8:30 a.m., comply with the prescribed conditions, return to the prison on completion of the period, and use the furlough only for the purpose for which it was granted.
p. 4The petitioner must produce the necessary documents, including a copy of the order, before the prison authorities.
p. 4Original Court PDF
SowntheryavsThe State Rep. by, The Director General of Prisons
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