WP Crl./695/2026 of Selvaraj Vs The State Represented by its

WP Crl. No. 695 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 695 of 2026 Selvaraj W/o. Samuvel, PID No.68343, Confined at Central Prison Coimbatore, Coimbatore-18. ..Petitioner(s) Vs The State Represented by its, 1. The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018. 2. The Superintendent, Coimbatore Central Prison, Coimbatore-641 018. ..Respondent(s) Prayer: Writ petition filed under Article 226 of Constitution of India for issuance of a writ or order or orders or direction particularly in the nature of WRIT OF CERTIORARIFIED MANDAMUS to call for the records pe rtaining to he impugned order bearing No.1324/MU.U2/2025, dated 11-12-2025 passed by the 1st respondent and quash the same and consequently direct the respondents to grant ordinary leave for 28 days without escort to the det enue, selvaraj, S/o. Samuvel, aged about 48 years, convict prisoner, PID No.68343 __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP Crl. No. 695 of 2026 confined at Central Prison, Coimbatore and pass such further or other or ders as this Honorable Court may deem fit to the circumstances of the case and thus render justice. For Petitioner(s): Mr.A.Sivakumar Sivaji for Mr.P.Bakiyaraj For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John ORDER (Order of the Court was made by Sunder Mohan J.) Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel accepts notice for R1 and R2 and has received instructions in full. Hence, by consent of both learned counse l, this Writ Petition is disposed finally even at the stage of admission. 2. The convict, who has been sentenced to undergo life imprisonment for the offences under the provisions of Protection of Children from the Sexual Offences Act, 2012, has challenged the impugned order dated 11.12.2025 rejecting his request for ordinary leave of 28 days. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP Crl. No. 695 of 2026 3. Vide impugned order, the first respondent had rejected the request for ordinary leave on the ground that the police had objected to his rel ease as there is a likelihood of threat to the victim. 4. Learned counsel for the petitioner however would submit that the Probation Officer had recommended grant of leave and the petitioner was earlier granted leave twice, by orders of this Court dated 25.04.2024 and 25.04.2025 in W.P.No.9244 of 2024 and 10425 of 2025 respectively and that the alleged threat perceived by the police is baseless. 5. Heard the learned Additional Public Prosecutor. 6. In view of the fact that the petitioner was granted ordinary leave twice by orders of this Court and nothing untoward has been reported, we are of the view that there is no justification in the apprehension expressed by the police. Further, the Probation Officer has recommended grant of leave. 7. Admittedly, the petitioner is entitled to 28 days ordinary leave and considering the period of incarceration suffered by him. Since the Probation Officer has recommended leave, we are of the view that the im pugned order is liable to be set aside. Accordingly, the impugned order is set aside and the Writ Petition is allowed. Consequently, the petitioner’s request for grant of ordinary leave of 28 days without police escort is granted on the following conditions: __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP Crl. No. 695 of 2026 (i)The respondents are directed to release the convict viz., Selvar aj, S/o.Samuvel, aged about 48 years, confined at Central Prison, Coimbatore, on ordinary leave for a period of twenty eight (28) days without escort i .e., from 02.04.2026 to 29.04.2026. (ii)The convict shall be released on 02.04.2026 at 10.00 A.M. and is directe d to surrender before the Superintendent of Prisons, Central Prison, Coimbatore, on 30.04.2026 before 10.00 A.M. (iii)The convict shall report before the All Women Police Station, Tiruppur North, twice a week, i.e., on every Monday and Thursday 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. (A.S.M.,J.) (S.M.,J.) 01-04-2026 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., 01.04.2026) To 1. The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP Crl. No. 695 of 2026 2. The Superintendent, Coimbatore Central Prison, Coimbatore-641 018. 3. The Public Prosecutor, High Court of Madras. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP Crl. No. 695 of 2026 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. sl WP Crl. No. 695 of 2026 01-04-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis