Elango v. The Home Secretary

Madras HC25 Jun 2026WP Crl.(MD)/3508/2026

Case brief

AI extract

What is this about?

Ordinary leave for life convict; escort condition set aside; substituted with daily reporting before jurisdictional police at 5.00 PM; prisoner leave; Central Prison Palayamkottai; Deputy Inspector General of Prisons, Madurai Range; certiorarified mandamus; Article 226; Tamil Nadu prison administration; sureties before jail authorities; W.P.Crl.(MD) No.3508 of 2026; decided 23.06.2026 by Madurai Bench of Madras High Court (N. Anand Venkatesh and K.K. Ramakrishnan, JJ.).

What did the court decide?

Impugned proceedings dated 10.06.2026 set aside; second respondent directed to grant 21 days ordinary leave subject to the convict reporting before the fourth respondent Police daily at 5.00 PM during the leave period; other conditions to stand and sureties to be executed before the jail authorities; connected Miscellaneous Petition closed; no costs.

Elango Vs The Home Secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition that the convict be accompanied by an escort, imposed while granting 21 days ordinary leave in proceedings dated 10.06.2026, should be set aside and ordinary leave granted subject to substituted conditions.

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Court's answer

The impugned proceedings of the second respondent dated 10.06.2026 are interfered with and set aside.

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Ratio / Principle

The second respondent is directed to grant 21 days ordinary leave subject to the condition that the convict shall report before the fourth respondent Police daily at 5.00 PM during the entire ordinary leave period.

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Key takeaways

The other conditions imposed by the second respondent shall stand, and the sureties shall be executed before the jail authorities.ratio¶¶34
The Writ Petition (Criminal) is allowed with the above directions; the connected Miscellaneous Petition is closed; no costs.ratio¶¶36

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (N. Anand Venkatesh and K.K. Ramakrishnan, JJ.; order by N. Anand Venkatesh, J.) - Writ petition under Article 226 of the Constitution of India by Elango challenging proceedings No.608/Utha.2/2026 dated 10.06.2026 of the second respondent, which granted his brother Raj (life convict, Central Prison, Palayamkottai; undergone 3 years, 10 months and 7 days; no leave availed) 21 days ordinary leave subject to the condition that the convict be accompanied by an escort. The Court set aside the impugned proceedings and directed the second respondent to grant 21 days ordinary leave subject to the convict reporting before the fourth respondent Police daily at 5.00 PM during the leave period; the other conditions imposed by the second respondent were left undisturbed and sureties were to be executed before the jail authorities. Writ petition allowed; connected W.M.P.Crl.(MD) No.845 of 2026 closed; no costs.

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W.P.CRl..(MD).No.3508 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.Crl.(MD) No.3508 of 2026 and

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W.M.P.Crl.(MD) No.845 of 2026

Elango

Petitioner

Vs.

1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai 600 009.

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2.The Deputy Inspector General of Prisons, Madurai Range, Madurai 625 001.

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3.The Superintendent of Prison, Central Prison, Palayamkottai 627 007.

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4.The Inspector of Police, Alagulam Police Station Tirunelveli District.

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...... Respondents

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

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W.P.CRl..(MD).No.3508 of 2026

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Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorified Mandamus, calling for the records relating to the proceedings in No.608/Utha.2/2026 issued by the 2^nd respondent dated 10.06.2026 quash the same and consequently direct the 3^rd respondent to grant 21 days ordinary leave without escort to the petitioner's brother Raj, S/o.Ramaiah, aged 32, PID No.434738.

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For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

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O R D E R

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[Order of the Court was made by N.ANAND VENKATESH, J.]

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This Writ Petition has been filed challenging the impugned proceedings of the first respondent made in No.608/Utha.2/2026 dated 10.06.2026, wherein the second respondent while granting 21 days ordinary leave, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

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Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

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Page 2 of 6

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

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W.P.CRl..(MD).No.3508 of 2026

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The petitioner's brother is a life convict, who is presently undergoing sentence at Central Prison, Palayamkottai. A representation was made by the petitioner seeking 21 days ordinary leave. The second respondent, through the impugned proceedings dated 10.06.2026, granted 21 days ordinary leave; however, imposed the condition that the convict will be accompanied by an escort. This condition has been put to challenge in the present Writ Petition.

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The learned Counsel for State of TN (Crl.Side) submitted that the convict has undergone 3 years, 10 months and 7 days of imprisonment and till date, no leave has been availed by the convict.

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Taking into consideration above submissions and also considering the reason, for which the ordinary leave has been sought for, we are inclined to interfere with the impugned proceedings of the second respondent dated 10.06.2026 and the same is hereby set aside and there shall be a direction to the second respondent to grant 21 days ordinary leave subject to the condition that the convict shall report before the fourth respondent Police daily at 5.00 PM during the entire ordinary leave period.

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

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W.P.CRl..(MD).No.3508 of 2026

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The other conditions imposed by the second respondent shall stand as they

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are and the sureties shall be executed before the jail authorities.

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