Purusothaman v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.05.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P. No.18814 of 2025 and W.M.P. No.21065 of 2025 Purusothaman Petitioner vs.
1.
The State represented by its Deputy Inspector General of Prison Vellore Range Vellore 632 002 The Superintendent Central Prison Cuddalore 607 004 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the order dated 02.05.2025 in Proceedings No.970756/Tha.Ku.2/2025 passed by the second respondent and quash the same and direct the respondents to grant emergency leave for 15 days without escort to the detenu Saranraj, S/o Purushothaman, aged about 36 years bearing Convict No.17313 (PID No.159449) confined at the Central Prison, Cuddalore. Page Nos.1/6
For petitioner Ms. S. Sadhana For respondents Mr. E. Raj Thilak Addl. Public Prosecutor
ORDER
(made by G.R. SWAMINATHAN, J.) Heard both sides.
The petitioner's son Saranraj is undergoing life sentence in the Central Prison, Cuddalore. The petitioner is said to be suffering from disc prolapse. Medical opinion suggests that surgery has to be performed on the petitioner. Hence, the petitioner sought emergency leave for a period of 15 days for the prisoner. However, the said request was turned down by the second respondent vide order dated 02.05.2025 citing inter alia that a criminal case against the prisoner is pending trial. Thereagainst, this writ petition has been filed. It is true that a criminal case is still pending trial against the prisoner. But, it has already been held by this Court in many a case that a criminal prosecution cannot come in the way of the prisoner being granted leave.
Page Nos.2/6
4.
On this short ground, the impugned order is not sustainable and the same is accordingly quashed. That apart, since the prisoner had already undergone five years of imprisonment, we are inclined to show some indulgence.
5.
Accordingly, we direct the first respondent to grant six leave without escort for six days at 10.00 a.m. on 26.05.2025 and he shall surrender at the prison on 02.06.2025 at 5.00 p.m. 6.
This writ petition stands allowed on the aforesaid terms. No costs. Connected W.M.P. stands closed.
(G.R.S.,J.) (V.L.N.,J.) 21.05.2025 Page Nos.3/6
G.R. SWAMINATHAN, J.
and V. LAKSHMINARAYANAN, J.
ORDER
(made by G.R. SWAMINATHAN, J.) At the instance of the learned counsel for the petitioner, this writ petition is listed today under the caption 'FOR BEING MENTIONED'. This writ petition was disposed of by this Court vide order dated 21.05.2025, the relevant paragraph of which reads thus: "5.
Accordingly, we direct the first respondent to grant six leave without escort for six days at 10.00 a.m. on 26.05.2025 and he shall surrender at the prison on 02.06.2025 at 5.00 p.m." The learned counsel for the petitioner submitted that while the first sentence of the aforesaid paragraph 5 states that six days emergency leave is granted with minimum escort, the last sentence of the said paragraph states that the prisoner shall be released on emergency leave without escort and hence, the last sentence of paragraph 5 needs to be changed accordingly. (emphasis supplied) Page Nos.4/6
4.
The aforesaid submission of the learned counsel for the petitioner is accepted and accordingly, paragraph 5 of the order dated 21.05.2025 shall stand substituted as under:
"5.
Accordingly, we direct the first respondent to grant six leave with minimum escort for six days at 10.00 a.m. on 26.05.2025 and he shall surrender at the prison on 02.06.2025 at 5.00 p.m." (G.R.S., J.) (V.L.N., J.) 23.05.2025 Page Nos.5/6
G.R. SWAMINATHAN, J.
and V. LAKSHMINARAYANAN, J.
To 1.
The Deputy Inspector General of Prison Vellore Range Vellore 632 002 The Superintendent Central Prison Cuddalore 607 004 The Public Prosecutor High Court of Madras Chennai 600 104 21.05.2025 Page Nos.6/6