Sagayamery v. The State Rep By Its
2026:MHC:1567
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN AND WPMP CRL. NO. 301 OF 2026 Sagayamery W/o.Selvam, Puliyampatti, Thekathikadu, Chittoor Post, Edappadi Taluk, Salem District - 637 101.
..Petitioner(s) Vs The State Represented By Its, The Superintendent of Prison, Cental Prison Coimbatore, 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 pertaining to the Impugned Order bearing No.425/thaku3/2026 dated 05.03.2026 passed by the respondent and quash the same and consecutively direct the respondents to grant emergency leave for 15 days without escort to the detenue Selvam S/o.Gurusamy, aged about 54 years, PID NO.24347 detained at Central Prison, Coimbatore.
For Petitioner(s):
Ms.S.Maroshini For Respondent(s):
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr.M.Sylvester John
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.) The wife of the convict Selvam S/o.Gurusamy, detained at Central Prison, Coimbatore (convict) has filed this Writ Petition challenging order dated 05.03.2026 rejecting the request for emergency leave for 15 days without escort to the convict.
2. We have heard Ms.S.Maroshini, learned counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.
3. We agree with the respondents that the matter of emergency leave of 15 days would not arise, as Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short 'Rules') provides for emergency leave only in tranches of 6 days, followed by 3 days each in 3 instalments. However, the leave has been sought on the ground that the son of the convict has suffered a serious injury by virtue of crushing of the hand in a machine. Though the accident took place in October, 2025, he is stated to have undergone a surgery recently.
4. A perusal of impugned order dated 05.03.2026 does not reveal that the authorities disbelieve either the relationship of the convict to the person who has suffered injury nor do they disbelieve the injury itself. The authority has however sought originals of certain records for the purpose of convincing themselves of the nature of the request and whether the same is bona fide.
5. We believe that seeking of original documents may not be really necessary in this case, particularly in view of the fact that the authority does not disbelieve either the injury, the relationship between the person injured and the convict, or the genuineness of the documents produced along with the application.
6. In such circumstances, though we sustain the impugned order to the extent to which it rejects grant of emergency leave of 15 days, we direct the authorities to grant emergency leave of 6 days to the convict without escort, though on the following conditions:
(i) Respondents are directed to release the Convict Prisoner viz., Selvam, S/o Gurusamy, aged 54 years, confined at Central Prison, Coimbatore, on emergency leave for a period of six (6) days without escort i.e., from 24.04.2026 to 29.04.2026. (ii) The Convict Prisoner shall be released on 24.04.2026 at 10.00 am and he shall surrender before the Central Prison, Coimbatore on 30.04.2026 before 10.00 a.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Poolampatti Police Station, every alternate day at 10.30 a.m., during the period of leave. (iv) 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. This Writ Petition and the connected Miscellaneous Petition are disposed in the aforesaid terms.
(A.S.M.,J.) (S.M.,J.) 21-04-2026 sl Index: Yes/No Speaking order Note to Registry: Issue Order copy by 22.04.2026. To
1. The Superintendent of Prison, Cental Prison Coimbatore, Coimbatore - 641 018.
2. The Public Prosecutor, High Court of Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
sl AND WPMP CRL. NO. 301 OF 2026 21-04-2026