Kousalya v. Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.05.2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and WPMP Crl. No.377 of 2026 Kousalya W/o Srinivasan, No.7, VPG Avenue Extension, Mahalakshmi Nagar, Mettukuppam, Oggiam Thuraipakkam, Chennai.

..Petitioner Vs

1. The Home Secretary, Department (Prison), Secretariat, Fort St. George, Chennai - 600 009.

2. The Inspector General of Prisons, Prison Head Quarters, Egmore, Chennai - 600 008.

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

..Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings in CP-PU1/3999/2025 dated 24.04.2026 by the third respondent and quash the same and direct the third respondent to grant 06 days emergency leave without escort to petitioner's Son Vivek S/o Srinivasan PID No.372547 who is currently incarcerated at Central Prison, Puzhal - I, Chennai.

For Petitioner:

Ms.S.Shiney For Respondents:

Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by L.VICTORIA GOWRI, J.) Challenging the impugned order passed by the third respondent bearing reference CP-PU1/3999/2025 dated 24.04.2026 and for a consequential direction to the third respondent to grant six days emergency leave without escort to Mr.Vivek, S/o. Srinivasan, PID No.372547, who is confined at Central Prison, Puzhal - I, Chennai - 600 066, the present writ petition has been filed.

2. Heard Ms.S.Shiney, learned counsel for the petitioner and Mr.S.Raja Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents.

3. Learned counsel for the petitioner submits that the convict prisoner's father is suffering from throat cancer and for arranging funds for the surgery, the presence of the convict prisoner is necessary. He further submits that the convict prisoner has no adverse remarks and therefore, the impugned order of third respondent, granting six days emergency leave to the convict prisoner with escort be quashed and the third respondent be directed to grant six days emergency leave to the convict prisoner without escort.

4. Learned Additional Public Prosecutor submits that the convict was granted one day emergency leave with police escort on 05.04.2026 and thereafter, granted emergency leave for six days without escort vide order of this Court dated 20.01.2025 in W.P.No.39599 of 2024.

5. Considering the submissions made by both sides and the reason for which emergency leave is sought, we are inclined to quash the impugned order. Accordingly, the impugned order bearing reference CPPU1/3999/2025 dated 24.04.2026 is quashed and the third respondent is directed to grant six days emergency leave to the convict prisoner Vivek, S/o Srinivasan (PID No.372547), who is confined at Central Prison, Puzhal - I, Chennai - 600 066, without escort, commencing from 15.05.2026 10.00 a.m. till 20.05.2026 05.30 p.m. During the leave period, the convict prisoner shall report before J-4 Kotturpuram Police Station, Chennai, every day at 05.00 p.m. The convict prisoner shall surrender before the jail authority on expiry of ordinary leave.

6. The writ petition is allowed to the extent indicated above. Consequently, connected miscellaneous petition is closed. (L.V.G.,J.) (N.S.,J.) 13.05.2026 Index: Yes/No mmi P.S.: UPLOAD FORTHWITH

L.VICTORIA GOWRI, J.

AND N.SENTHILKUMAR, J.

mmi To

1. The Home Secretary Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2. The Inspector General of Prisons Prison Head Quarters, Egmore, Chennai - 600 008.

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

4. The Inspector of Police, J-4 Kotturpuram Police Station, Chennai.

13.05.2026