Dismissed¶40

A.Amutha v. The Secretary to Government

Madras HC11 Feb 2026WP Crl./281/2026

Case brief

AI extract

What is this about?

Ordinary/emergency leave to convict prisoner; Mahashivarathiri Festival; temple worship; Tamil Nadu Suspension of Sentence Rules; Rules 6 and 13; medical certificate of blood relative; Probation Officer; Central Prison-I, Puzhal; Superintendent of Prison; Writ of Certiorarified Mandamus; Article 226; Section 138 Negotiable Instruments Act; STC.Nos.114-118 of 2016; leave without escort; writ dismissed.

What did the court decide?

The request of the convict prisoner seeking 10 days of emergency leave to perform temple worship does not fall within the ambit of the Tamil Nadu Suspension of Sentence Rules. ¶40

A.Amutha Vs The Secretary to Government — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the convict prisoner's request for 10 days' emergency/ordinary leave to perform temple worship (Mahashivarathiri Festival) falls within the ambit of the Tamil Nadu Suspension of Sentence Rules. +1 more

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Court's answer

The request of the convict prisoner seeking 10 days of emergency leave to perform temple worship does not fall within the ambit of the Tamil Nadu Suspension of Sentence Rules.

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Ratio / Principle

The second respondent has rightly rejected the request for emergency leave in consonance with the said Rules (Tamil Nadu Suspension of Sentence Rules).

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Key takeaways

The impugned order of rejection does not suffer from any perversity, illegality or infirmity warranting interference by this Court.ratio¶40

Detailed headnote1 paragraphs

WP Crl. No. 281 of 2026, Madras High Court (coram P. Velmurugan and M. Jothiraman, JJ.; order made by P. Velmurugan, J.), dated 11-02-2026 - DISMISSED. Petitioner A. Amutha, wife of convict S. Alagesan (Prisoner No.11496 / PID No.709877, Central Prison-I, Puzhal; convicted under Section 138 of the Negotiable Instruments Act; sentences running in STC.Nos.114-118 of 2016), challenged proceedings No.C.P.PU1/301/2026-R2 dated 23.01.2026 of the Superintendent of Prison rejecting the detenu's representation dated 20.01.2026 for 10 days' ordinary/emergency leave (10.02.2026-20.02.2026, without escort) to officiate as Convenor of the Mahashivarathiri Festival at his ancestral temple, Perunkaranai Village. Held: (i) the request for 10 days' emergency leave for temple worship does not fall within the ambit of the Tamil Nadu Suspension of Sentence Rules; (ii) the second respondent rightly rejected the request in consonance with the said Rules; (iii) the impugned order is free from perversity, illegality or infirmity warranting interference. Context (per the Additional Public Prosecutor, on instructions): under Rules 6 and 13 of the said Rules, emergency leave requires a Government Doctor's medical certificate that a blood relative is critically ill, is processed on the Probation Officer's report, and is grantable in spells of 6+3+3+3 days (total 15 days), with no provision enabling 10 days' leave for temple worship.

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WP Crl. No. 281 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-02-2026

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CORAM

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THE HON'BLE MR JUSTICE P. VELMURUGAN

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AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

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WP Crl. No. 281 of 2026

A.Amutha

W/o. S.Alagesan

..Petitioner(s)

The Secretary to Government Home (Prison) Department, Secretariat, Fort St.George,

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Chennai - 600 009.

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The Superintendent of Prison,

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Central Prison-I, Puzhal,

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Chennai - 600 066.

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..Respondent(s)

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issuance of Writ of Certiorarified Mandamus, calling for the records relating to the rejection of the petitioner No.C.P.PUI/301/2026-R2 dated 23.01.2026 on the file of the 2^nd respondent, quash the same and consequently direct the respondents to grant 10 days ordinary leave to the detenu S. Alagesan from 10.02.2026 to 20.02.2026 in all cases (STC.Nos.114,115,116,117 and 118

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

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WP Crl. No. 281 of 2026

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of 2016) (Without Escort) to enable him to officiate the Mahashivarathiri Festival at Perunkaranai Village.

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For Petitioner(s): Mr. M.Murugesan For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor

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O R D E R

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

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This writ petition has been filed challenging the impugned proceedings

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dated 23.01.2026 in No.C.P.PU1/301/2026-R2 passed by the second respondent, wherein and whereby the representation seeking grant of 10 days’ ordinary/emergency leave to the detenu, S.Alagesan, was rejected, and seeking a consequential direction.

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2. The case of the petitioner is that her husband, S.Alagesan, a convict prisoner (Prisoner No.11496 / PID No.709877), presently confined in Central Prison-I, Puzhal, Chennai, having been convicted for the offence under Section 138 of the Negotiable Instruments Act and undergoing a sentence of imprisonment, submitted a representation dated 20.01.2026 seeking grant of 10 days’ ordinary/emergency leave to enable him to perform his duties as the Convenor of the Mahashivarathiri Festival at his ancestral Temple situated at Perunkaranai Village. However, the said representation came to be rejected by

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

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WP Crl. No. 281 of 2026

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the second respondent by proceedings dated 23.01.2026. Aggrieved by the same, the present writ petition has been filed.

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3. The learned Additional Public Prosecutor appearing for the respondents-Police, on instructions, submitted that as per Rules 6 and 13 of the Tamil Nadu Suspension of Sentence Rules, emergency leave is granted only upon submission of an application enclosing a medical certificate issued by a competent Government Doctor certifying that a blood relative of the prisoner is suffering from serious illness and is in a critical condition. In such circumstances, the request for emergency leave is processed based on the report of the concerned Probation officer. It was further submitted that as per the said Rules, emergency leave may be granted in four spells, namely 6 days, 3 days, 3 days and 3 days, aggregating to a total of 15 days. However, there is no provision under the said Rules, enabling the grant of 10 days of emergency leave for the purpose of performing temple worship. Therefore, the request made by the convict prisoner seeking 10 days of emergency leave to perform temple worship could not be considered and accordingly, the second respondent rejected the said representation.

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4. Heard the learned counsel on either side and perused the materials available on record.

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

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WP Crl. No. 281 of 2026

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In view of the above submissions and upon perusal of materials placed

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on record, this Court finds that the request of the convict prisoner seeking 10 days of emergency leave to perform temple worship does not fall within the ambit of the Tamil Nadu Suspension of Sentence Rules. The second respondent has rightly rejected the request for emergency leave in consonance with the said Rules. The impugned order of rejection does not suffer from any perversity, illegality or infirmity warranting interference by this Court. Therefore, this Court finds no merit in the Writ Petition. Accordingly, this Writ Petition (Crl.) stands dismissed.

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(P.V.,J.) (M.J.R.,J.) 11-02-2026

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