2026:MHC:2914 WP Crl. No. 1183 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. 1183 of 2026 AND WPMP CRL. NO. 392 OF 2026 M.Manokaran S/o. Mayazhagu, Convict Prisoner, PID No.32827, Central Prison-I, Puzhal, Chennai-600 066. ..Petitioner(s) Vs 1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008. 2. The Superintendent of Prisons, Central Prison -1, Puzhal, Chennai-600 066. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus and calling for the records in the order dated 22-04-2026 bearing No.147/mu.uu.1/2026 passed by the respondent no.1 and quashing the same and consequently directing the respondents to grant ordinary leave by without escort for the petitioner namely Manokaran, S/o. Mayazhagu, aged about 39 years, Convict Prisoner, PID No.32827, Central Prison-1, Puzhal and thus render justice. https://www.mhc.tn.gov.in/judis 2026:MHC:2914 WP Crl. No. 1183 of 2026 __________ For Petitioner(s): Ms.S.Nadhiya For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth, J.) The petitioner is a convict confined in Central Prison-1, Puzhal, Chennai. He is aggrieved by the rejection of representation seeking 40 days ordinary leave. 2. At the outset, we may state that the petitioner is not entitled to 40 days leave for the reason that he has completed only a total incarceration of 4 years 2 months and 22 days as on 19.05.2026. 3. Be that as it may, the reason for rejection is that he was convicted under the NDPS Act for smuggling commercial quantities of narcotics and psychotropic substances and hence the bar under Rule 21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short, ‘Act’) would be attracted in his cases. 4. It is true that the bar is absolute as far as the authorities are concerned. However, since the matter is now before us, we take note of the following parameters and find that on consideration of the same, the petitioner is indeed eligible for leave, though of 21 days leave without escort:- (i) the total incarceration suffered is 4 years 2 months and 22 days (ii) the petitioner’s https://www.mhc.tn.gov.in/judis 2026:MHC:2914 WP Crl. No. 1183 of 2026 __________ conduct thus far in jail is stated to be satisfactory as on date (iii) though no police report is obtained, Mr.Malarvannan does not have any instructions as to adverse remarks or conduct of the convict and (iv) this Court has intervened twice on 25.10.2024 and 17.03.2025 in WP Nos.29368 of 2024 and 4560 of 2025, and granted him leave of 15 and 21 days, respectively without escort. 5. In such circumstances, this writ petition succeeds, the impugned order dated 22.4.2026 is set aside and the authorities are directed to grant 21 days ordinary leave without escort to the convict commencing from 22.07.2026 till 11.08.2026. 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, on 12.08.2026 before 10.00 A.M. During the leave period, the convict shall report before the Inspector of Police, D3 Koodal Pudur Police Station, Anaiyur, Madurai everyday at 4.30 p.m. He shall abide by all the conditions prescribed in the Jail Manual. 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:2914 WP Crl. No. 1183 of 2026 __________ To 1. The Deputy Inspector General of Prisons Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008. 2. The Superintendent of Police Central Prison -I, Puzhal, Chennai-600 066. 3. The Inspector of Police, D3 Koodal Pudur Police Station, Anaiyur, Madurai 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:2914 WP Crl. No. 1183 of 2026 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM WP Crl. No. 1183 of 2026 AND WPMP CRL. NO. 392 OF 2026 20-07-2026 https://www.mhc.tn.gov.in/judis