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2026 DAILYLAW 25217 (MAD)

Kasiyammal v. State rep by,

WP Crl./1189/2026 · 2026-05-20

G R Swaminathan, V Lakshminarayanan

Writ Petition (Criminal)body2026

Judgment text

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W.P.(Crl.) No.1189 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.05.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(Crl) No.1189 of 2026 and W.P.M.P.(Crl) No.396 of 2026 Kasiyammal W/o.Ramar .... Petitioner -vs- The State represented by its 1. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore. 2. The Superintendent, Salem Central Prison, Salem. .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.336/Tha.U-1/2026, dated 08.04.2026, passed by the 1st respondent and quash the same and consequently, direct the 1st respondent to grant ordinary leave for 28 days without escort to the detenu, Gunasekaran @ Udhayakumar, S/o.Ramar, aged about 34 years bearing Convict No.9053 and PID No.35837 at Central Prison, Salem. https://www.mhc.tn.gov.in/judis W.P.(Crl.) No.1189 of 2026 For Petitioner : Mr.S.Pandiyan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor O R D E R (Order of the Court was made by G.R.SWAMINATHAN, J. ) Heard both sides. 2. The petitioner’s son namely, Gunasekaran @ Udayakumar [Convict No.9053 and PID No.35837], son of Ramar, is undergoing life sentence in the second respondent Prison. He has so far spent 9 years 5 months in prison. The convict prisoner wants to come out on ordinary leave for a period of 28 days. His request was rejected by citing the pendency of the case in Crime No.634 of 2015 on the file of the Attur Police Station. 3. It is brought to our notice that this case has ended in an acquittal and therefore, the reason set out in the impugned order dated 08.04.2026 does not survive. In this view of the matter, the impugned order stands quashed. 4. We direct the respondents to grant twenty eight (28) days ordinary leave for the convict without escort. https://www.mhc.tn.gov.in/judis W.P.(Crl.) No.1189 of 2026 5. The writ petition is allowed on the following conditions:~ (a) The convict-prisoner, Gunasekaran @ Udhayakumar, S/o.Ramar, [Convict No.9053 and PID No.35837], now detained at Central Prison, Salem, is granted ordinary leave for twenty eight (28) days from 27.05.2026 to 23.06.2026 without escort. (b) The convict prisoner shall be released from the prison at 05.00 p.m., on 26.05.2026 and he shall return to the prison at 10.00 a.m., on 24.06.2026. (c) During the said leave period, he shall report before the Inspector of Police, Attur Police Station, Salem District, daily at 07.00 p.m., from 27.05.2026 onwards, without fail. (d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [V.L.N.,J.] 20.05.2026 Index : Yes/No Speaking order / Non-speaking order Neutral Citation : Yes/No ms/mk https://www.mhc.tn.gov.in/judis W.P.(Crl.) No.1189 of 2026 To 1. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore. 2. The Superintendent, Salem Central Prison, Salem. 3. The Public Prosecutor, High Court, Madras. Copy to: The Inspector of Police, Attur Police Station, Salem District. https://www.mhc.tn.gov.in/judis W.P.(Crl.) No.1189 of 2026 G.R.SWAMINATHAN, J. AND V.LAKSHMINARAYANAN, J. ms/mk W.P.(Crl) No.1189 of 2026 and W.P.M.P.(Crl) No.396 of 2026 20.05.2026 https://www.mhc.tn.gov.in/judis