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2026 DAILYLAW 55025 (MAD)

Hemanath v. The State rep by the Deputy Inspector of General of Prison

WP Crl./1705/2026 · 2026-07-23

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:3059 WP Crl. No. 1705 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1705 of 2026 AND WPMP CRL. NO. 602 OF 2026 Hemanath S/o.Sivakumar, Convict Prisoner, PID No.296457, Confined at Central Prison, Salem. ..Petitioner(s) Vs The State rep by its 1. The Deputy Inspector of General of Prison Coimbatore Zone, Coimbatore. 2. The Superintendent Salem Central Prison, Salem. ..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 pertaining to the Impugned order bearing No.676/THAUI/2026, dated 01.07.2026 passed by the 1st Respondent and Quash the same and consequently direct the respondents to grant ordinary leave for 21 days without escort to the Convict Prisoner, Hemanath, aged 27 years S/o.Sivakumar, PID No.296457 confined at Central Prison, Salem. For Petitioner(s): Mr.A.Sivakumr @ Sivaji For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) https://www.mhc.tn.gov.in/judis 2026:MHC:3059 WP Crl. No. 1705 of 2026 __________ Order (Order of the Court was made by Dr.Anita Sumanth J.) The impugned order dated 01.07.2026 has been passed by the respondents rejecting ordinary leave of 21 days sought for in respect of the Hemanath (convict prisoner), who is confined at Central Prison, Salem. 2. The reason for rejection is that there will be a law and order problem caused by the convict going to that area as the family of the deceased resides in the vicinity of the convict’s residence. 3. Learned counsel for petitioner had on 20.07.2026 stated that he would identify an alternate location, where the convict may be permitted to go on leave and today, he produces the details of an alternate destination. 4. Let a fresh representation be made by the petitioner for leave, enclosing the details of the new location for the authorities consideration. Such representation as and when filed, shall be disposed by the authorities within one (1) week from its receipt thereof. 5. This writ petition (criminal) stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed. (A.S.M.,J.) (S.M.,J.) 23-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM https://www.mhc.tn.gov.in/judis 2026:MHC:3059 WP Crl. No. 1705 of 2026 __________ To 1. The Deputy Inspector of General of Prison Coimbatore Zone, Coimbatore. 2. The Superintendent Salem Central Prison, Salem. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:3059 WP Crl. No. 1705 of 2026 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM WP Crl. No. 1705 of 2026 AND WPMP CRL. NO. 602 OF 2026 23-07-2026 https://www.mhc.tn.gov.in/judis