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2026 DAILYLAW 51322 (MAD)

K.Manikandan v. The Deputy Inspector of General of Prisions

WP Crl./1289/2026 · 2026-07-20

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:2915 WP Crl. No. 1289 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1289 of 2026 AND WPMP CRL. NO. 436 OF 2026 K.Manikandan S/o Kuppusamy, No.21 Pillaiyar Kovil Street, Nallur, Kanchipuram. ..Petitioner(s) Vs 1. The Deputy Inspector of General of Prisions Chenngai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai. 2. The Superintendent of Prison Central Prison I, Puzhal, Chennai. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records No.966/MU1/2025 dated 20.05.2026 passed by respondent No.1 and quash the same and consequently direct the respondents to grant 28 days ordinary leave to the petitioner’s father namely Kuppusamy son of Krishnan aged 66 years, PID No.4533, convict prisoner, now confined in the Central Prison 1, Puzhal, Chennai. For Petitioner(s): Mr.P.Pugalenthi For Respondent(s): Mr.C.R. Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) https://www.mhc.tn.gov.in/judis 2026:MHC:2915 WP Crl. No. 1289 of 2026 __________ Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner is the son of Kuppusamy (Convict), S/o. Krishnan, who is 66 years confined in Central Prison 1, Puzhal, Chennai, for the last more than 14 years. 2. We have heard Mr.P.Pugalenthi, learned counsel for petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for respondents. 3. We see from the impugned order that during the period of incarceration of 14 years 1 month and 6 days, as on 14.05.2026, the convict has availed leave, that too, emergency leave of 6 days only once. 4. There is nothing adverse that is brought to our notice about his conduct in the jail. The basis of the rejection is that the reason cited in the representation, that the convict has to make arrangements for his son’s marriage, was found to be untrue. 5. We do not agree with the basis of rejection insofar as the convict has a son who is 27 years old and hence there is nothing untoward in him believing that it is an appropriate age for the son to be married, and commencing preparation for the same. The authorities have rejected the request as no documents were produced in support of the request. It is a mystery as to what documents can be produced in support of such a request and the reason for https://www.mhc.tn.gov.in/judis 2026:MHC:2915 WP Crl. No. 1289 of 2026 __________ rejection thus smacks of non-application of mind. 6. In light of the discussion as aforesaid, and finding the basis of the impugned order to be wholly misconceived, we quash the same and this allow this writ petition. 7. The convict is permitted to go on leave commencing from 22.07.2026 till 18.08.2026. The convict shall be released on 22.07.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison-1, Puzhal, Chennai on 19.08.2026 before 10.00 A.M. During the leave period, the convict shall report before the Inspector of Police, G4, Cheyyur Police Station everyday at 4.30 p.m. He shall abide by all the conditions prescribed in the Jail Manual. 8. There shall be no order as to costs. Connected miscellaneous petition is closed. (A.S.M.,J.) (S.M.,J.) 20-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry : Issue copy on or before 21.07.2026. https://www.mhc.tn.gov.in/judis 2026:MHC:2915 WP Crl. No. 1289 of 2026 __________ To 1. The Deputy Inspector of General of Prisions Chenngai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai. 2. The Superintendent of Prison Central Prison I, Puzhal, Chennai. 3. The Inspector of Police, G4, Cheyyur Police Station, Chengalpattu District. 4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:2915 WP Crl. No. 1289 of 2026 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM WP Crl. No. 1289 of 2026 AND WPMP CRL. NO. 436 OF 2026 20-07-2026 https://www.mhc.tn.gov.in/judis