2026:MHC:3137 WP Crl. No. 1399 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. 1399 of 2026 Larance W/o. Kabiriel, No.1/4156, Anna Nagar, Pandiyanagar, Virudhunagar - 626 001. ..Petitioner(s) Vs 1. The Superintendent of Police, Soolakarai, Virudhunagar, Pincode – 626002. 2. The Superintendent of police, Sathuvacherry, Vellore, Pincode - 632 009. 3. The DIG of Prisons Vellore Range, Vellore. 4. The Superintendent of Prisons, Central Prison, Vellore - 632 002. 5. The Inspector of Police, Pandiyanagar Police Station, Rosalpetti, Virudhunagar - 626 001. 6. The Inspector of Police Mayiladuthurai Police Station, Mayiladuthurai District. (R6 is impleaded as per the order of this court dated 29.06.2026 in WP.Crl.No.1399 of 2026) ..Respondent(s) __________ https://www.mhc.tn.gov.in/judis 2026:MHC:3137 WP Crl. No. 1399 of 2026 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus particularly respondents 1 and 2 to provide adequate police escort to petitioner’s husband, Kabiriel S/o. Devasagayam, aged 58 years Convict Prisoner, PID 4768, confined in Central Prison, Vellore for availing the 40 days ordinary leave already sanctioned by Respondent No.3 vide proceedings RO-VLR/356/2025-CAMP(A) dated 01.06.2026 and thus render justice. 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 the wife of Kabiriel (convict), S/o. Devasagayam, who is confined in Central Prison, Vellore. 2. An application had been made for the convict availing 40 days ordinary leave that was sanctioned by R3 on 01.06.2026, with the condition of escort. The present writ petition has been filed, challenging the imposition of the aforesaid condition. 3. A counter has been filed by Virudhunagar Police Station and at the instance of the authorities, we had also impleaded the Inspector of Police, __________ https://www.mhc.tn.gov.in/judis 2026:MHC:3137 WP Crl. No. 1399 of 2026 Mayiladuthurai as R6. In the course of hearing of the writ petition, certain facts have come to light that would have a bearing in the adjudication of this matter. 4. According to Mr.Malarvannan, the convict is a history-sheeter with a track record of dangerous activities. According to him, he is continuing the nefarious activities even from within prison. In fact, it was only at the time of finalization of the counter that the authorities had come to know that there are eight pending cases as against him in Mayiladuthurai and one case each, in Dindigul, Tiruvannamalai, Pudukottai and Thanjore. However, since the convict is in custody, no warrants have been issued by any of these Courts. 5. A detailed status report has been filed in this regard by R6 setting out the details of the pending cases. The authorities also aver that the reasons stated in the application seeking leave are false to the knowledge of the petitioner, the family of the convict is not in dire straits as he would have us believe and are in fact, well off. 6. The impugned order is now proposed to be withdrawn on the basis of the facts that have come to light in the course of the hearing of this matter. In fact, premised upon those facts, an order has been passed on 18.07.2026 by the Deputy Inspector General of Prisons, Vellore keeping in abeyance the grant of leave. 7. Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short, ‘Rules’) stands as a bar for the grant of leave in the case of a convict with pending cases. Hence, the authorities are at liberty to take action to withdraw __________ https://www.mhc.tn.gov.in/judis 2026:MHC:3137 WP Crl. No. 1399 of 2026 order dated 1.6.2026, if they so deem fit. 8. In light of the facts narrated aforesaid, we see no reason to intervene, and dismiss this writ petition with no order as to costs. (A.S.M.,J.) (S.M.,J.) 23-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes ssm To 1. The Superintendent of Police, Soolakarai, Virudhunagar, Pincode – 626002. 2. The Superintendent of police, Sathuvacherry, Vellore, Pincode - 632 009. 3. The DIG of Prisons Vellore Range, Vellore. 4. The Superintendent of Prisons, Central Prison, Vellore - 632 002. 5. The Inspector of Police, Pandiyanagar Police Stat ion, Rosalpetti, Virudhunagar - 626 001. 6. The Inspector of Police Mayiladuthurai Police Station, Mayiladuthurai District. 7. The Public Prosecutor, High Court, Madras. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:3137 WP Crl. No. 1399 of 2026 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. SSM WP Crl. No. 1399 of 2026 23.06.2026 __________ https://www.mhc.tn.gov.in/judis