W.P.Crl.(MD) No.4507 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE B.MURUGESAN W.P.Crl.(MD) No.4507 of 2026 Ponnudurai ... Petitioner -vs- 1.The Home Secretary Government of Tamil Nadu Secretariat, Fort St.George Chennai-600 009 2.The Deputy Inspector General of Prisons Madurai Range Madurai-625 001 3.The Superintendent of Prison Central Prison Palayamkottai-627 007 4.The Inspector of Police Moolaikaraipatti Police Station Tirunelveli District ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the proceedings in No.908/Utha.2/2026, dated 07.07.2026, issued by the second respondent, quash the same and consequently direct the respondents to grant 40 days ordinary leave without escort to the petitioner's brother Sundaravel, son of Arjunan, bearing PID No.119068, who is currently lodged at Central Prison, Palayamkottai. For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.D.Venkatesh Counsel for State of Tamil Nadu (Crl.Side) O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order dated 07.07.2026, passed by the second respondent, rejecting the request of the petitioner for grant of 40 days ordinary leave to his brother / convict prisoner, this writ petition has been filed with a consequential direction to the respondents to grant 40 days ordinary leave without escort to his brother. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 2. It is the case of the petitioner that his brother was convicted in S.C.No.283 of 2004, by the learned District and Sessions Judge, Tirunelveli, vide Judgment dated 27.07.2005, and he was sentenced to undergo life imprisonment for the offence under Section 302 I.P.C. The appeal preferred against the said conviction and sentence came to be dismissed by this Court in Crl.A.(MD) No.402 of 2005, vide Judgment dated 10.04.2007. It is stated that no further appeal has been preferred before the Apex Court as against the Judgment passed by this Court in the said criminal appeal. According to the petitioner, his brother is in incarceration for the past 18 years and he has maintained a good conduct without any adverse remarks. In such circumstances, the petitioner submitted a representation to the respondents seeking grant of 40 days ordinary leave without escort to his brother / convict prisoner in order to see his mother, who has been suffering from severe health ailments and bedridden. The said representation has been rejected under the impugned order dated 07.07.2026 citing Rule 21(i) of the Tamil Nadu Suspension of Sentence Rules, 1982 (in shhort, “the Rules, 1982”) as added vide G.O.(Ms) No.205, Home (Prison-5) Department, dated 25.04.2022. Challenging the same, the petitioner has come to this Court by filing the present writ petition. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 3. Learned counsel for the petitioner submits that the petitioner's brother / convict prisoner, who had come on emergency leave on the earlier occasion i.e., on 14.01.2015, did not return back to the prison on completion of the leave period i.e., on 21.01.2015 and he was secured only on 11.11.2018. Therefore, a case in Crime No.19 of 2015, on the file of Moolakaraipatty Police Station, for the offence under Section 224 I.P.C., came to be registered against him. On completion of investigation in the said case, the fourth respondent – Police filed a final report and the same was taken on file in S.T.C.No.13 of 2020, by the learned Judicial Magistrate, Nanguneri, and the said case was finally ended in acquittal vide Judgment dated 04.12.2024. He would further submit that the said offence under Section 224 I.P.C., is said to have been committed by the convict prisoner during the year 2015 and that Rule 21(i) of the Rules, 1982, came to be added subsequently vide G.O.Ms.No. 205, Home (Pri.V) Department, dated 25.04.2022 and came into effect only from 25.04.2022, and therefore, the said Rule 21(i) of the Rules, 1982, is not applicable to the case on hand. He would further submit that subsequently, the convict prisoner was granted emergency leave and during that time, he had duly complied with the conditions imposed on him. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 4. Learned counsel for State of Tamil Nadu appearing for the respondents submits that the offence under Section 224 I.P.C., has been committed by the convict prisoner on 21.01.2015 and he was acquitted by the Trial Court in the said case. However, in view of the bar under Rule 21(i) of the Rules, 1982, the second respondent has rejected the petitioner's request. 5. Heard the learned counsel on either side and perused the materials available on record. 6. On perusal of the records, it is seen that the convict prisoner was earlier released on emergency leave on two occasions and during one such occasion, while he went on emergency leave for a period of six days, he was to report back to the prison on 21.01.2015. However, he had not reported to the prison. Therefore, based on the complaint, a case in Crime No.19 of 2015 was registered on the file of Moolakaraiatty Police Station, for the offence under Section 224 I.P.C. However, in the said case, since the prosecution side had not proved the charges framed against the convict prisoner beyond reasonable doubts, the learned Judicial Magistrate, Nanguneri, by order dated 04.12.2024, had dismissed the case in S.T.C.No.13 of 2020. The only ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 objection raised by the second respondent is that the convict prisoner was granted emergency leave on the earlier occasion for six days and at that time, he was supposed to return back to the prison on 21.01.2015, however he had not returned back to the prison. Therefore, in view of the bar under Rule 21(i) of the Rules, 1982, the convict prisoner is not entitled for grant of ordinary leave. However, it is seen that five years has lapsed since the commission of the offence under Section 224 I.P.C. Further, Rule 21(i) of the Rules, 1982, was added by way of amendment under G.O.Ms.No.205, Home (Pri.V), dated 25.04.2022. 7. At this stage, it would be beneficial to refer Rule 21(i) of the Rules, 1982, which is extracted hereunder: “21. Non-eligibility for ordinary leave – The following categories of prisoners shall not be eligible for ordinary leave:- (a) ... (b) ... ... ... (i) Prisoners who may not report back to the prison after the completion of the leave period” ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 8. However, it is seen that the said amendment came into effect only from 25.04.2022 and it cannot have retrospective effect in respect of offence committed during the year 2015. Therefore, it cannot be said that the bar under Rule 21(i) of the Rules, 1982, is applicable to the case of the convict prisoner and that he is not entitled for grant of ordinary leave and thereby, the impugned order is liable to be set aside. 9. In view of the above, (i) The writ petition is allowed. (ii) The impugned order dated 07.07.2026, passed by the second respondent, is set aside. (iii) The second respondent is directed to grant 40 days ordinary leave to the convict prisoner without escort. (iv) While passing such orders, the second respondent is at liberty to impose reasonable conditions on the convict prisoner including a condition for the convict prisoner to report before the Inspector of Police, Moolakaraipatty Police Station daily at ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 06.30 p.m., during the period of ordinary leave. (v) On completion of the leave period, the convict prisoner shall report before the second respondent, without fail. (vi) No costs. [A.D.J.C., J.] [B.M., J.] 11.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To: 1.The Home Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009. 2.The Deputy Inspector General of Prisons, Madurai Range, Madurai-625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai-627 007. 4.The Inspector of Police, Moolaikaraipatti Police Station, Tirunelveli District. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 A.D.JAGADISH CHANDIRA, J. AND B.MURUGESAN, J. krk W.P.Crl.(MD) No.4507 of 2026 ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4507 of 2026 11.08.2026 ____________ https://www.mhc.tn.gov.in/judis