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2026 DAILYLAW 58377 (MAD)

Selvi v. The State represented by its

WP Crl.(MD)/3690/2026 · 2026-07-28

A D Jagadish Chandira, R Poornima

Transfer Petitionbody2026

Judgment text

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WP.Crl(MD)No.3690 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA WP.Crl(MD)No.3690 of 2026 Selvi ... Petitioner vs. 1. The State represented by its, The Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Secretariat of Tamilnadu, Chennai - 600 009. 2. The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy 620 020. 3. The Superintendent, Trichy Central Prison, Trichy 620 020. 4. The Superintendent of Police, O/o.The Superintendent of Police, Trichy 620 017. 5. The Inspector of Police, Jeeyapuram Police Station, Jeeyapuram 639 101. ... Respondents Page No.1 of 5 https://www.mhc.tn.gov.in/judis WP.Crl(MD)No.3690 of 2026 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order No.RO-TRY/162/2026-CA, dated.11.05.2026, issued by the 2nd respondent and quash the same and consequently direct the respondents to grant ordinary leave of 28 days without escort to the detenu Ramachandiran @ Splendor Ramachandiran, S/o. Subramani, aged about 43 years, bearing PID No.82835 (Ct No.21670) confined at Central Prison, Trichy. For Petitioner : Mr.S.Manoharan For Respondents : Mr.D.Venkatesh Counsel for State of Tamilnadu (Crl.Side) O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order of rejection dated 11.05.2026 passed by the 2nd respondent, declining to grant ordinary leave to the convict prisoner, the petitioner has come up before this Court with this writ petition. 2. It is the case of the petitioner that the convict prisoner was convicted for the offences under Sections 364, 394 r/w 397, 302 and 376(2)(m) of IPC and though the convict prisoner is entitled to ordinary leave, the 2nd respondent has rejected the same. Hence, this writ petition. Page No.2 of 5 https://www.mhc.tn.gov.in/judis WP.Crl(MD)No.3690 of 2026 3. The respondents have filed a detailed counter. The learned counsel for State of Tamilnadu (Crl.Side) would submit that the convict prisoner was convicted on 08.12.2016 and as of 06.04.2026, he has completed 09 years 07 months and 25 days of incarceration. Since the convict prisoner has not completed 10 years and that he was also convicted for the offence under Section 394 r/w 397 of IPC which bars for grant of leave in view of Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, the impugned order has been passed rejecting to grant leave to the convict prisoner. 4. Taking into consideration that the convict prisoner has not completed 10 years of incarceration as on date and that there is a bar under Rule 21(b) of the said Rules in view of the conviction of the convict prisoner under Section 394 r/w 397 of IPC, we do not find any infirmity in the impugned order. 5. Accordingly, this Writ Petition (Criminal) is dismissed. [A.D.J.C., J.] [R.P., J.] 28.07.2026 Index : Yes / No Neutral Citation : Yes / No bala Page No.3 of 5 https://www.mhc.tn.gov.in/judis WP.Crl(MD)No.3690 of 2026 To: 1. The Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Secretariat of Tamilnadu, Chennai - 600 009. 2. The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy 620 020. 3. The Superintendent, Trichy Central Prison, Trichy 620 020. 4. The Superintendent of Police, O/o.The Superintendent of Police, Trichy 620 017. 5. The Inspector of Police, Jeeyapuram Police Station, Jeeyapuram 639 101. Page No.4 of 5 https://www.mhc.tn.gov.in/judis WP.Crl(MD)No.3690 of 2026 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. bala ORDER MADE IN WP.Crl(MD)No.3690 of 2026 DATED : 28.07.2026 Page No.5 of 5 https://www.mhc.tn.gov.in/judis