Gayathri v. The Additional Director General Of Police/ Ig Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.419 of 2025 & WPMP Crl.No.197 of 2025 Gayathri .. Petitioner Vs.
1.The Additional Director General of Police / IG of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Police, Central Prison, Coimbatore.
3.The Superintendent of Police, Coimbatore, Coimbatore District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.4827/tha.ku3/2025 dated 11.04.2025 passed by the 2nd respondent and quash the same, and consequently, direct the 2nd respondent to grant emergency parole for 30 days without escort to the petitioner's husband Arun @ Arunkumar, Aged about 30 years s/o. Manoharan (PID No.212274 who now confined in Central Prison, Coimbatore as a life convict) based on petitioner representation dated 1/6
21.03.2025 to provide medical treatment to the petitioner's husband right leg and to surgically remove the plate that was inserted during the previous surgery in his right leg, which was fractured in an earlier accident,as it is now causing severe pain.
For Petitioner : Mr.R.Subramanian For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
O R D E R
M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
This writ petition has been filed to call for the records pertaining to the impugned Order bearing No.4827/tha.ku3/2025 dated 11.04.2025, passed by the second respondent and quash the same and to direct the respondents to grant emergency leave for 30 days to the detenue, Arun @ Arunkumar, Aged about 30 years s/o. Manoharan (PID No.212274 who now confined in Central Prison, Coimbatore as a life convict).
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 30 days of emergency leave for her husband, without escort, on the ground that the lift convict needs to undergo a procedure to remove the plate that was earlier placed in his right leg, which was fractured in an accident. Further, the detenue has undergone 5 years, 8 months and 12 days of imprisonment.
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4. The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 26.05.2025, in which, the Probation Officer has stated that the reasons assigned by the petitioner is said to be true.
5. Although the convict prisoner is not eligible for leave as per the Tamil Nadu Suspension of Sentence Rule 1982, considering the medical requirement of the convict prisoner, we are inclined to grant emergency leave for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India, with minimum escort. 6.
Accordingly, the impugned Order bearing No.4827/tha.ku3/2025 dated 11.04.2025 passed by the second respondent is quashed and the detenue viz., Arun @ Arunkumar, Aged about 30 years s/o. Manoharan (PID No.212274 who now confined in Central Prison, Coimbatore as a life convict), is hereby granted emergency leave for a period of 6 days, with minimum escort, commencing from 10.00 am on 30.08.2025 to 5 pm of 04.09.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. The first respondent is directed to provide minimum escort of two police constables to the convict from the Central Prison 3/6
from the time he leaves the prison and till such time he is taken back to the prison.
7. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (M.S.R., J) (V.L.N., J) 22.08.2025 nl Note: Issue order copy on 29.08.2025 Index : Yes / No Internet : Yes / No : Yes / No To 1.The Additional Director General of Police / IG of Prisons, CMDA Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Police, Central Prison, Coimbatore.
3.The Superintendent of Police, Coimbatore, Coimbatore District.
4.The Public Prosecutor, High Court, Madras.
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M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
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