2026:MHC:3129 WP Crl. No. 1624 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1624 of 2026 AND WPMP CRL. NO. 567 OF 2026 Navaneetham W/o. Hari (Late), No.2/155, Kangai Amman Koil Street, Meattupalayam, Chennai-600 077. ..Petitioner(s) Vs 1. The Deputy Inspector General of Prisons, 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 calling for the records in the order date on 29-6-2026 bearing No.263/mu.uu.1/2026 passed by respondent no.1 and quash the same, and directing the respondents to grant 28 days ordinary leave by without escort for the petitioner sister’s son namely Mohan @ Appu S/o. Thangaraj aged about 57 years, Convict No.5832 (PID No.2000), Convict Prisoner, Central Prison-1, Puzhal and thus render justice. For Petitioner(s): Ms.S.Nadhiya For Respondent(s): Mr.A.Amarnath, Counsel For Government Of Tamil Nadu (Criminal Side) https://www.mhc.tn.gov.in/judis 2026:MHC:3129 WP Crl. No. 1624 of 2026 __________ Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner is the aunt of one Mohan @ Appu (convict), S/o.Thangaraj, who is confined in Central Prison-1, Puzhal, Chennai. The convict has undergone total incarceration of 11 years 5 months and 11 days (as on 10.07.2026). 2. He has not sought leave of any sort till date, either emergency, ordinary or by the intervention of this Court. For the first time, he had sought leave by way of a representation dated 01.05.2026 on the ground that he wishes to make arrangements for his livelihood and attend to the repairs of his family’s dwelling house. The representation has been dismissed by way of the impugned order dated 29.06.2026, assailing which, the present petition has been filed. 3. The reasons assigned by the Probation Officer for disbelieving the representation are that the cousin of the convict is employed as Data Entry Operator and is earning a sum of Rs.15,000/- per month. The Probation Officer is hence of the considered view that the reasons set out in the representation are not genuine or true. 4. We have heard Ms.Nadhiya, learned counsel for petitioner and Mr.A.Amarnath, learned counsel for Government of Tamil Nadu (Criminal Side) for respondents. 5. We are of the considered view that this writ petition is liable to allowed https://www.mhc.tn.gov.in/judis 2026:MHC:3129 WP Crl. No. 1624 of 2026 __________ for multiple reasons. Firstly, there is nothing untoward as set out in the report of the Probation Officer qua the conduct of the convict. Secondly, the entitlement of the convict for leave per se is admitted. Thirdly, we do not agree with the Probation Officer that, merely because his cousin is an earning member of the family, this would disentitle the convict from availing leave. 6. In fact, it is quite legitimate for the convict to attend to his future plans including maintenance of his dwelling house and his family’s livelihood. Hence and for the aforesaid reasons, we set aside the impugned order and direct the authorities to grant 28 days ordinary leave with escort commencing 31.07.2026, though on the following conditions: (i) Respondents are directed to release the Convict Prisoner viz., Mohan @ Appu, S/o.Thangaraj, aged 57 years, confined at Central Prison-1, Puzhal on Ordinary Leave for a period of 28 days i.e., from 31.07.2026 to 27.08.2026. (ii) The Convict Prisoner shall be released on 31.07.2026 at 10.00 am and he shall surrender before the Central Prison-1, Puzhal, Chennai on 28.08.2026 before 10.00 a.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, T6- Avadi Police Station, every day between 4.00 p.m., and 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. https://www.mhc.tn.gov.in/judis 2026:MHC:3129 WP Crl. No. 1624 of 2026 __________ 7. This writ petition (criminal) stands allowed in terms of this order. No costs. Connected miscellaneous petition is closed. (A.S.M.,J.) (S.M.,J.) 29-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes ssm Note to Registry : Issue copy on or before 30.07.2026 To 1. The Deputy Inspector General of Prisons Whannels Road, Egmore, Chennai-600 008. 2. The Superintendent of Prisons Central Prison-1, Puzhal, Chennai-600 056. 3. The Inspector of Police, T6-Avadi Police Station, Avadi. 4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:3129 WP Crl. No. 1624 of 2026 __________ DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. ssm WP Crl. No. 1624 of 2026 AND WPMP CRL. NO. 567 OF 2026 29-07-2026 https://www.mhc.tn.gov.in/judis