Uma Devi v. The Superintendent Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Uma Devi ... Petitioner vs The Superintendent of Prison Central Prison Coimbatore ... Respondent Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondent to grant 15 days emergency leave without escort to the petitioner's husband, namely Venkatesh Kumar, S/o.Jayakumar, aged 40 years, Convict No.24420, Convict Prisoner, Central Prison, Coimbatore. For Petitioner :

Mr.R.L.Dhilipan Pandian For Respondents :

Mr.A.Damodaran Additional Public Prosecutor Page Nos.1/4

ORDER

[Order of the Court was made by N.MALA, J.,] This Writ Petition has been filed by the petitioner to grant 15 days emergency leave without escort to her husband, namely Venkatesh Kumar, Son of Jeyakumar, aged 40 years, now detained at Central Prison, Coimbatore.

2. Heard the learned counsel on either side and perused the documents.

3. The petitioner's husband was arrested in the year 2021. The petitioner's husband was sentenced to undergo life imprisonment vide judgment dated 23.02.2023 in S.C. No.39 of 2022 by the IV Additional Sessions Court, Erode. The petitioner states that her son is suffering from acute stomach pain and has been diagnosed with umbilical abscess and the doctor advised surgery for the same and hence, the petitioner made a representation on 13.03.2025 seeking grant of emergency leave for 15 days for her husband.

Page Nos.2/4

4. The learned Additional Public Prosecutor, on instructions, submits that the reason stated by the petitioner for grant of leave is genuine.

5. Considering the above facts and circumstances of the case, a direction is issued to the respondent to grant 15 days emergency leave to petitioner's husband without escort commencing from 10.00 am on 09.05.2025 till 05.00 p.m on 23.05.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the convict shall report before the Inspector of Police, Appakoodal Police Station, Erode daily at 10.00 a.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

7. Accordingly, the Writ Petition stands allowed. No costs. (N.M.,J.) (G.A.M.,J.) 08.05.2025 Index : Yes / No mmi/gpa Note: Issue today Page Nos.3/4

N.MALA, J., and G.ARUL MURUGAN, J., gpa To

1. The Superintendent of Prison Central Prison Coimbatore

2. Inspector of Police Appakoodal Police Station Erode

3. The Public Prosecutor Madras High Court W.P.No.10678 of 2025 08.05.2025 Page Nos.4/4