Speculative threat apprehensions do not justify denying furlough to a prisoner with a record of compliant release.

The petitioner, Chitra, sought 60 days’ furlough for her son, Prabakaran, a life convict confined at Palayamkottai Central Prison, to enable him to be with his ailing mother.

He had been convicted under Sections 302, 396 and 447 IPC and his conviction was affirmed on appeal.

The prison Superintendent, Deputy Inspector General of Prisons and Probation Officer had recommended furlough, and the prisoner’s prison conduct was reported satisfactory.

The Director General of Prisons rejected the request, relying on a police report that the mother’s illness was unsubstantiated and that release could create threats to the prisoner and the deceased’s family.

The petitioner challenged that rejection under Article 226.

The State also reported that the prisoner had previously availed temporary releases and returned without default.

1. Whether the rejection of the prisoner’s request for 60 days’ furlough, based on the police apprehension, should be set aside.

2. Whether the prisoner should be granted furlough without escort, subject to conditions, in light of his prison conduct and past compliance with temporary release.

The Court exercised its jurisdiction under Article 226 of the Constitution to review the challenged administrative decision.

It also referred to Rule 15(2)(i) of the Tamil Nadu Prisons (Release on Furlough) Rules, 2026, under which the prisoner was directed to execute a bond with two sureties.

The judgment cites no precedent or detailed statutory test governing furlough eligibility; its decision turns on the circumstances on record, including the prisoner’s conduct and the basis for the stated security apprehension.

The Court considered that the prisoner had previously availed temporary release without escort and surrendered to prison authorities without default.

It also noted that the alleged occurrence was in Tiruppur District, while the prisoner resided within the jurisdiction of the fifth respondent, and concluded that the Commissioner of Police’s apprehension was far-fetched.

Weighing this against the prisoner’s conduct in prison and during earlier releases, the Court found sufficient grounds to grant furlough.

It directed that Prabakaran be granted furlough without escort from 13 October to 12 December 2026, subject to reporting daily at the Thachanallur Police Station, reporting back to prison by 10:00 a.m. on 12 December, executing the prescribed bond and sureties, and complying with the applicable jail conditions.