Mini Vs The State Represented by its

Prayer: Writ petition filed under Article 226 of Constitution of India to issue a Writ or order or orders or direction particularly in the nature of WRIT of CERTIORARIFIED MANDAMUS to call for the records pertaining to the Impugned Order bearing No.776/Tha.Ku.3/2026, dated 19-06-2026, passed by the 2nd respondent and quash the same and consequently direct the respondents to grant 15 days of emergency leave without escort to the detenue Bhaskar, S/o. Ramasamy, aged about 42 years bearing Convict PID No.172800 at Central

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

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2026:MHC:2911

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WP Crl. No. 1698 of 2026

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Prison, Coimbatore and Pass such further or other orders as this Honourable court.

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For Petitioner(s): Mr.P.Bakiyaraj For Respondent(s): Mr. C.R. Malarvannan Counsel For Government Of Tamil Nadu (Criminal Side)

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Order

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(Order of the Court was made by Dr.Anita Sumanth J.)

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The petitioner, wife of one Bhaskar, a life convict, presently confined in Central Prison, Coimbatore, has filed this Writ Petition challenging order dated 19.06.2026 rejecting the request for grant of emergency leave to her husband.

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The petitioner had sought emergency leave on account of her illness. She has also cited the fact that the convict had been granted such leave on three occasions without escort and on all occasions, he had complied with the conditions imposed and surrendered to the jail on the stipulated date.

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The Probation Officer has recommended leave and there is no adverse conduct that has been noted. However, the request has come to be rejected on on the ground that he would be a threat to public safety and security.

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According to the petitioner, there is no justification in the rejection, particularly since he had been granted leave by the intervention of the Court on three occasions.

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2026:MHC:2911

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WP Crl. No. 1698 of 2026

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Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side), who accepts notice for the respondents, would not very seriously contest the Writ Petition, particularly seeing as the leave sought for emergency purpose is found to be genuine.

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We have heard both learned counsel and perused the orders of this Court dated 21.03.2024, 22.01.2025 and 08.08.2025 passed in W.P.Nos.5837 of 2024, 39062 of 2024 and 200 of 2025 respectively, where this Court had granted emergency leave on one occasion and regular leave of 28 days on two occasions without escort.

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While we hasten to add that normally we would not entertain matters when the police report is adverse to the convict, however, in the present case, we do not find any specific reason on the basis of which the adverse report has been issued. Though the police authorities object to the availing of leave stating that the convict would be a threat to the public safety and security, no specific reason has been stated to justify the same.

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In such circumstances and since the reason for which the emergency

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leave is sought is found to be true, we are inclined to grant emergency leave of 6 days without police escort.

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

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2026:MHC:2911

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WP Crl. No. 1698 of 2026

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Accordingly, impugned order dated 19.06.2026 is set aside and emergency leave of 6 days without escort is granted, though on the following conditions:

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(i) Respondents are directed to release the Convict Prisoner viz., Bhaskar, S/o. Ramasamy, confined in Central Prison, Coimbatore, on Emergency Leave for a period of 6 days i.e., from 22.07.2026 to 27.07.2026.

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(ii) The Convict Prisoner shall be released on 22.07.2026 at 10.00 am and he shall surrender before the Central Prison, Coimbatore on 28.07.2026 before 10.00 a.m.

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(iii) The Convict Prisoner is directed to report before the Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District every alternate day at 10.30 a.m., during the period of leave.

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(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.

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