Vanitha Vs The Deputy Inspector General of Prisons

Prayer: Writ petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the respondent No.2 in order No.411329/tha.ku.2/2026 dated 20.02.2026 granting 21 days ordinary leave with escort and quash the same and consequently direct the respondent to grant

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

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WP Crl. No. 730 of 2026

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21 days ordinary leave by without escort for the petitioner’s son namely Sethupathi S/o Balaji aged about 30 years, Pid No.411329, Convict Prisoner, Central Prison, Puzhal, Chennai.

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For Petitioner(s): Ms.S.Nadhiya For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John

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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 challenge is to order dated 20.02.2026, where, while granting 21 days

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ordinary leave to the convict Sethupathi, S/o. Balaji , aged 30 years, confined at Central Prison, Puzhal, the authorities have also included the requirement of escort.

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2. The mother of the convict has filed this Writ Petition primarily on the ground that there is no necessity for escort. The date of conviction in this case is 21.03.2022 and in W.P.No.9292 of 2024, the mandamus sought, for grant of ordinary leave without escort to this convict has been granted by this Court vide order dated 25.04.2024 by imposing conditions.

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3. Learned Additional Public Prosecutor, who accepts notice for the respondents, does not point to any change in circumstances that would warrant necessity for escort now.

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4. Hence, and in light of there being no serious objection to the

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mandamus sought for, impugned order dated 20.02.2026, to the extent to which

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an escort has been provided, is set aside and ordinary leave of 21 days without

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escort is granted, though on the following conditions:

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(i) Respondents are directed to release the Convict Prisoner viz.,Sethupathi, S/o. Balaji , aged 3 0 years, confined at Central Prison, Puzhal, Chennai on Ordinary Leave for a period of 21 days i.e., from 07.04.2026 to 27.04.2026.

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(ii) The Convict Prisoner shall be released on 07.04.2026 at 10.00 am and he shall surrender before the Superintendent of Prisons, Central Prison, Puzhal, Chennai on 28.04.2026 before 10.00 a.m.

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(iii) The Convict Prisoner is directed to report before the Inspector of Police, H-4, Korukkupet Police Station on every alternate day at 10.30 a.m., during the period of leave.

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(iv) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.

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This Writ Petition is allowed to the above extent.

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(A.S.M.,J.) (S.M.,J.) 06-04-2026

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sl Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note : Registry is directed to issue a copy of this order today. (i.e., 06.04.2026)

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WP Crl. No. 730 of 2026

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DR.ANITA SUMANTH J.

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AND

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SUNDER MOHAN J.