Azhagesan v. The Superintendent Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.21108 of 2025 Azhagesan, (aged 36 years), S/o.Ganesan, Ct.No.10591, Central Prison-I, Puzal, Chennai - 600 066.

.. Petitioner Vs.

The Superintendent of Prison, Central Prison I, Puzhal, Chennai - 600 066.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in the order dated 02.05.2025 passed by the respondent and quashing the same and directing the respondent to grant 15 days emergency leave by without escort to the petitioner namely Azhagesan, S/o.Ganesan, aged about 36 years, Convict No.10591, Convict Prisoner, Central Prison, Puzhal, Chennai.

For Petitioner :

Ms.S.Nadhiya 1/5

For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 02.05.2025 of the respondent, wherein the respondent has sought for the medical report of his father.

2.The learned counsel for the petitioner submitted that the petitioner / convict prisoner's mother died on 16.02.2025 and that his father was in serious condition. He further submitted that the petitioner / convict prisoner has undergone more than 1 year and 7 months of imprisonment and therefore sought for grant of emergency leave. 3.The learned Additional Public Prosecutor has produced the particulars of the convict prisoner dated 20.05.2025, which states that the convict prisoner is not eligible for grant of emergency leave under the Tamil Nadu Suspension of Sentence Rules, 1982. Further, the learned Additional Public Prosecutor has also produced a report of the Probation Officer dated 23.05.2025. The Probation Officer in her report has 2/5

recommended for grant of emergency leave to the detenue with escort after getting the report from the Police.

4.By taking into consideration the report of the Probation Officer, recommending for grant of leave, as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 6 days of emergency leave to the petitioner/convict prisoner. 6.Accordingly, the impugned order dated 02.05.2025 passed by the respondent, is hereby quashed. Consequently there shall be a direction to the respondent herein, to grant 6 days emergency leave "without escort" to the petitioner/life convict namely Azhagesan, S/o.Ganesan, aged 33 years, LCT No.10591, confined at Central Prison-I, Puzhal, Chennai, commencing from 08.07.2025 to 13.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. D-2, Valathy Police Station, Villupuram, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 13.07.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

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7.With the above direction, the Writ Petition stands allowed. Connected miscellaneous petition is closed. No costs. (M.S.R., J) (V.L.N., J) 04.07.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 07.07.2025.

To 1.The Superintendent of Prison, Central Prison I, Puzhal, Chennai - 600 066.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

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