Kumar vs Deputy Inspector General Of Prisons And Others

Sunder Mohan, J

The brother of the convict prisoner aggrieved by the order rejecting the request for grant of ordinary leave, has filed this petition.

The petitioner's brother viz., Kumar, S/o.Periyannan, aged 40, years, was convicted for the major offence under Section 302 of the IPC and sentenced to life imprisonment and he is undergoing imprisonment, admittedly, for more than twelve years. By the impugned order, the respondents have rejected the request for leave on the ground that the reasons for leave are not true.

The learned counsel for the petitioner would submit that the convict prisoner's mother is aged about 78 years and his presence is required for making arrangements for their livelihood and also for meeting his aged mother, who requires continuous medical treatment.

The learned counsel for Government of Tamil Nadu (Criminal Side), appearing for the respondents per contra submitted that though the convict prisoner is eligible for leave, the Probation Officer found that the reasons stated were not true; and that there is no reason to interfere with the impugned order.

5 It is not in dispute that the convict prisoner's mother is aged about 78 years. In fact, the Probation Officer has recorded in his report that the convict prisoner's mother had taken treatment in the year 2025.

In view of the admitted fact that the convict prisoner's mother is 78 years old and had already suffered an ailment, we are of the view that the respondents are not justified in rejecting the request of the petitioner. That apart, the other reason for rejection is that there is likely to be a law and order problem, if the convict prisoner is released. In fact, this Court had earlier granted 21 days ordinary leave to the convict prisoner in WP No.38866 of 2024 by order dated 07.01.2025 and no complaint of any threat to the convict prisoner was reported.

Hence, we are inclined to grant Ordinary Leave to the convict prisoner without escort for a period of 21 days commencing from 08.06.2026.

(i) The respondents are directed to release the convict viz., Kumar, S/o.Periyannan, aged 40, years, confined at Central Prison, Vellore, on ordinary leave for a period of twenty one (21) days without escort i.e., from 08.06.2026 to 28.06.2026.

(ii) The convict shall be released on 08.06.2026 at 10.00 A.M. and is directed to surrender before the Superintendent of Prisons, Central Prison, Vellore, on 29.06.2026 before 10.00 A.M.

(iii) The convict shall report before the Annathanapatty Police Station, once in a week, i.e., on every Monday at 10.30 A.M, during the period of leave.

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

Connected Miscellaneous Petition is closed.