Dismissed¶31

Soundari v. State rep by its The Deputy Inspector General of Prison

Madras HC4 Feb 2026WP Crl./1388/2025

Case brief

AI extract

What is this about?

Ordinary leave 30 days without escort refused to life convict at Puzhal Central Prison-I; Tamil Nadu Suspension of Sentence Rules 1982 Rule 22(3) one-year interval between ordinary leaves; representation of 02.04.2025 within one year of prior leave (24.12.2024 to 12.01.2025); conviction appeal pending, efficacious remedy before appellate court; Article 226 not invoked; writ petition dismissed; Madras High Court; P.Velmurugan and M.Jothiraman, JJ.; 04.02.2026.

What did the court decide?

Under the Tamil Nadu Suspension of Sentence Rules, 1982, one year must elapse between two ordinary leaves; as the detenue had availed leave from 24.12.2024 to 12.01.2025 and made a fresh representation only on 02.04.2025, he was not eligible for ordinary leave on the date of the representation. ¶30

Soundari Vs State rep by its The Deputy Inspector… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, wife of life convict Elumalai, is entitled to a writ directing the respondents to grant the detenue ordinary leave for 30 days without escort (with quashing of the impugned refusal order). +1 more

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Court's answer

In view of the above reasons the court was not inclined to invoke Article 226 of the Constitution of India; the Writ Petition stands dismissed and the connected miscellaneous petitions stand closed.

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Ratio / Principle

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Key takeaways

Since the conviction recorded against the detenue has not attained finality and the appeal against conviction is pending, the detenue and the petitioner have an efficacious remedy before the court where the appeal is pending; accordingly the writ court would not interfere.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (P.Velmurugan & M.Jothiraman, JJ.) dismisses a writ petition by the wife of life convict Elumalai (convict No.8269, PID No.308724, Central Prison-I, Puzhal) seeking quashing of the Superintendent's order dated 03.06.2025 and a direction to grant 30 days' ordinary leave without escort. Held: under the Tamil Nadu Suspension of Sentence Rules, 1982, Vol. 3, Rule 22(3), one year must elapse between two ordinary leaves; the detenue had availed leave from 24.12.2024 to 12.01.2025 and represented afresh only on 02.04.2025, so was ineligible on the date of representation. Further, his conviction had not attained finality and the appeal was pending, giving him and his wife an efficacious remedy before the appellate court. Declining to invoke Article 226, the Court dismissed the petition and closed connected W.P.M.P.(Crl).No.671 of 2025.

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W.P.(Crl).No.1388 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 04.02.2026

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Coram:

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.P.(Crl).No.1388 of 2025 and

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W.P.M.P.(Crl).No.671 of 2025

Soundari

.. Petitioner

Vs.

The State represented by its. The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore,

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Chennai – 60 008.

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The Superintendent, Puzhal Central Prison – I, Puzhal – 600 066. .. Respondents

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Writ Petition (Criminal) filed under Article 226 of the Constitution of India, seeking to issue Writ of Certiorarified Mandamus, to call for the records connected with the impugned order dated 03.06.2025 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 30 days without escort to the detenue, Elumalai S/o.Munusamy aged about 46 years bearing convict No.8269 (PID No.308724) confined at Central Prison-I, Puzhal.

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For Petitioner : Mrs.S.Sadhana

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For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor assisted by Mr.M.Sylvester John

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl).No.1388 of 2025

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ORDER

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(The Order of the Court was made by P.Velmurugan, J)

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This petition has been filed by the petitioner, seeking directions to the respondents, to grant ordinary leave for 30 days to her husband, who is the life convict prisoner namely Elumalai S/o.Munusamy aged about 46 years bearing convict No.8269 (PID No.308724) confined at Central Prison-I, Puzhal.

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2 According to learned counsel for the petitioner, the petitioner is the wife of the detenue, who is the life convict prisoner and the petitioner, being a lady is struggling to meet her daily needs and the presence of the detenue is necessary.

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3 Learned Additional Public Prosecutor would submit that the life convict prisoner made representation on 02.04.2025 seeking leave. The life convict prisoner previously availed leave from 24.12.2024 to 12.01.2025. As per the Tamil Nadu Suspension of Sentence Rules, 1982, Volume 3, Rule No.22(3), one year should be completed between two ordinary leaves. Further in this case, appeal filed by the detenue is also pending.

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4 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the materials on record.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl).No.1388 of 2025

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5 It is seen that the detenue previously availed leave from from 24.12.2024 to

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12.01.2025 and he made present representation on 02.04.2025 seeking ordinary leave for 30 days. As per the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982, one year period should be completed within two ordinary leave and hence on the date of making representation seeking leave, the detenue was not eligible to grant leave. Furthermore, the conviction recorded against the detenue has not attained finality and the appeal against his conviction is pending. Therefore the detenue and the petitioner have efficacious remedy before the Court, where the appeal against conviction is pending.

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6 In view of the above reasons, we are not inclined to invoke Article 226 of the Constitution of India and the Writ Petition stands dismissed. Consequently connected miscellaneous petitions stands closed.

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(P.V., J) (M.J.R., J) 04.02.2026

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cgi To

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