Muthulakshmi v. The State Represented by its The Deputy Inspector General of Prison
WP Crl./1722/2026 · 2026-07-21
Anita Sumanth, Sunder Mohan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52308 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52308 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:MHC:2944 WP Crl. No. 1722 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1722 of 2026 AND WPMP CRL. NO. 608 OF 2026 Muthulakshmi W/o. Magesh, D.No. 1/253, Ganthi Colony, Pattappathu Village, Ayiraperi, Thenkasi District-627 814. ..Petitioner(s) Vs The State Represented by its,
1. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
2. The Superintendent, Coimbatore Central Prison, Coimbatore. ..Respondent(s) Prayer: Writ petition filed under Article 226 of Constitution of India to issue a writ or order or orders or direction particularly in the nature of Writ of certiorarified Mandamus to call for the records pertaining to the Impugned
Order bearing No.482/THAU1/2026, dated 24-06-2026 passed by the 1st respondent and quash the same and consequently direct the respondents to grant ordinary leave for 28 days without escort to the detenue, Magesh, aged about 40 __________ Page1 of 5 https://www.mhc.tn.gov.in/judis
2026:MHC:2944 WP Crl. No. 1722 of 2026 years, S/o. Krishnan, PID No.22189 confined at Central Prison, Coimbatore and pass such further or other orders as this Honourable Court. For Petitioner(s): Mr.P.Bakiyaraj 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, wife of one Magesh, convict prisoner, presently confined in Central Prison, Coimbatore, has filed this Writ Petition challenging order dated 24.06.2026, where the application seeking ordinary leave has been rejected.
2. Mr.P.Bakiyaraj, learned counsel for the petitioner circulates copies of earlier orders of this Court, on whose intervention leave has been granted on three occasions to the convict. He also points out that the report of the Probation Officer is in favour of the convict and the officer has found the reasons cited for leave are genuine. There is hence no justification whatsoever in the impugned order.
3. Mr.Malarvannan would, for his part, point out that the police authorities apprehend law and order problem if the convict is let on leave. He would fairly accede to the position that there is nothing specific that has been __________ Page2 of 5 https://www.mhc.tn.gov.in/judis
2026:MHC:2944 WP Crl. No. 1722 of 2026 pointed out to justify this apprehension, save the general apprehension in this regard.
4. Having heard both learned counsel and taking note of the earlier instances where this Court in W.P.Nos.26500 of 2023, 14692 of 2024 and 3725 of 2025 have intervened to direct the convict to be granted leave, we are of the considered view that the impugned order has no legs to stand. Admittedly, the conduct of the convict does not stand in the way of his being granted leave without escort.
5. That apart, since the reasons cited by him to make arrangements for the livelihood of his family and settlement of life after his release was also found to be true, the objection cited by the police authorities that there may be a law and
order problem does not appear to have any basis as there is no specific justification for the same.
6. Accordingly, impugned order dated 24.06.2026 is set aside and ordinary leave of 28 days without escort is granted, though on the following conditions: (i) Respondents are directed to release the Convict Prisoner viz., Magesh, S/o.Krishnan, aged 40 years, confined at Central Prison, Coimbatore on Ordinary Leave for a period of 28 days i.e., from 23.07.2026 to 19.08.2026. __________ Page3 of 5 https://www.mhc.tn.gov.in/judis
2026:MHC:2944 WP Crl. No. 1722 of 2026 (ii) The Convict Prisoner shall be released on 23.07.2026 at 10.00 am and he shall surrender before the Central Prison, Coimbatore on 20.08.2026 before 10.00 a.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, Courtallam Police Station, every day at 04.30 p.m., during the period of leave. (iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. This Writ Petition is allowed in the above terms. Connected Miscellaneous Petition is closed.
(A.S.M.,J.) (S.M.,J.) 21-07-2026 sl Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry: Issue Today. To
1. The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.
2. The Superintendent, Coimbatore Central Prison, Coimbatore.
3. The Public Prosecutor, High Court of Madras. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis
2026:MHC:2944 WP Crl. No. 1722 of 2026 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL WP Crl. No. 1722 of 2026 AND WPMP CRL. NO. 608 OF 2026 21-07-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis