Elango Vs The Home Secretary

Elango vs The Home Secretary

Type Court Judgment Court Chennai Orders Decided Jun 25, 2026

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Citation: sooperkanoon.com/1657565
Court: Chennai Orders High Court
Judge: Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan
Decided On: Jun 25, 2026
Case Number: WP Crl.(MD)/3508/2026

Parties & Advocates

Appellant / Petitioner

Elango

Respondent

The Home Secretary

Excerpt

.....the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's brother raj, s/o.ramaiah, aged 32, pid no.434738.for petitioner : mr.r.jenifar bibin for respondents : mr.t.lenin kumar counsel for state of tn (crl.side)order[order of the court was made by n.anand venkatesh, j.] 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.2. heard the learned counsel for the petitioner and the learned counsel for state of tn (crl.side) appearing on behalf of the respondents.3. the petitioner's brother is a life convict, who is presentlyundergoing 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.4. 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.5. taking into consideration above submissions and alsoconsidering 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. the other conditions imposed by the second.....

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3508 of 2026 and 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. 2.The Deputy Inspector General of Prisons, Madurai Range, Madurai 625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai 627 007. 4.The Inspector of Police, Alagulam Police Station Tirunelveli District. ...... Respondents
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 2nd respondent dated 10.06.2026 quash the same and consequently direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's brother Raj, S/o.Ramaiah, aged 32, PID No.434738.
For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

ORDER

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

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

3. 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.

4. 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.

5. 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. The other conditions imposed by the second respondent shall stand as they are and the sureties shall be executed before the jail authorities.

6. This Writ Petition (Criminal) is allowed with the above

directions. Consequently, connected Miscellaneous Petition is closed. No costs. [N.A.V., J.] & [K.K.R.K., J.] 23.06.2026 NCC : Yes / No Index : Yes / No Indu To 1.The Home Secretary, Home Department (Prison) Secretariat, Fort St.George, Chennai 600 009. 2.The Deputy Inspector General of Prisons, Madurai Range, Madurai 625 001. 3.The Superintendent of Prison, Central Prison, Palayamkottai 627 007. 4.The Inspector of Police, Alagulam Police Station Tirunelveli District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

AND

K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.3508 of 2026 23.06.2026

Same Court & Year Chennai Orders · 2026 Same Parties Elango vs The Home Secretary Same Judge Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justic...