Vijaya v. The State Rep By Its,
W.P.Crl.No.397 of 2025 M.S.RAMESH, J.
V.LAKSHMINARAYANAN , J.
Today, the matter is listed under the caption 'for being mentioned'.
2. In continuation of the earlier order of this Court dated 28.07.2025, it is submitted by the learned counsel for the petitioner that there is an inadvertence in paragraph 6 of the order, wherein the last date of leave has been wrongly mentioned as 02.09.2025 instead of 03.08.2025. Hence, the order dated 28.07.2025 shall stand deleted and substituted as follows:-
6. Accordingly, the detenue viz.,Karuna @ Karunanithi, S/o. Manoharan, aged 55 years, Convict Prisoner, Convict No.15157 (PID No.585), Central Prison, Cuddalore, is hereby granted emergency leave for a period of 6 days, without escort, commencing from 6.00 pm of 28.07.2025 to 5 pm of 03.08.2025. On expiry of the emergency leave, the detenu shall surrender before the prison authorities. During the period of leave, the detenu shall report before the Inspector of Police, Sankar Nagar Police Station, Chennai, daily at 05.00 p.m. 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.
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M.S.RAMESH, J.
V.LAKSHMINARAYANAN , J.
3. All other observations made in our earlier order dated 28.07.2025 shall remain intact.
[M.S.R, J.] [V.L.N, J.] 30.07.2025 Note:
Registry is directed to issue fresh amended copy to those concerned on 31.07.2025.
Sni W.P.Crl.No.397 of 2025 2/8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-07-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN VIJAYA Petitioner Vs
1. The State Rep by its, The Deputy Inspector General of Prison, Vellore Range, Vellore-632 002.
2.The Superintendent, Central Prison, Cuddalore - 607 004.
Respondent(s) PRAYER This writ petition has been filed under Article226 of the Constitution of India to To direct the respondents to grant Emergency leave for 6 days without escort to the detenue, Karuna @ Karunanithi, S/o.Manoharan aged about 55 years bearing Convict No.15157 (PID No.585) confined at Central Prison, Cuddalore. For Appellant(s):
S.Sadhana 3/8
For Respondent(s):
Mr. E. Raj Thilak, Addl. Public Prosecutor
ORDER
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
This writ petition has been filed to direct the respondents to grant 6 days of emergency leave, without escort for the petitioner's son, namely, Karuna @ Karunanithi, S/o. Manoharan, aged 55 years, Convict Prisoner, Convict No.15157 (PID No.585), Central Prison, Cuddalore.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein, who is the mother of the detenue, seeks the grant for 6 days of emergency leave, without escort, on the ground that her younger daughter, M.Sumathi, passed away on 14.07.2025. Since petitioner's husband is predeceased, she seeks permission for the detenu to perform the last rites of her daughter, Uthra kriya on 28.07.2025 around 7.00 pm., and 16 th day ceremony 4/8
(kariyam) on 29.07.2025. The presence of the detenu is necessary. Further, the petitioner has undergone nearly 24 years of imprisonment. 4.The learned Additional Public Prosecutor, on instructions, submitted that the detenu is not eligible to avail emergency leave to attend the 16 th day ceremony, as there is no provision for granting such leave under the Tamil Nadu Suspension of sentence Rule 1982, Rule No.6. However, he would further submit that the prisoner is eligible for 6 days of emergency leave.
5. Considering that the reason assigned by the petitioner for grant of leave is true, 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.
6. Accordingly, the detenue viz.,Karuna @ Karunanithi, S/o. Manoharan, aged 55 years, Convict Prisoner, Convict No.15157 (PID No.585), Central Prison, Cuddalore, is hereby granted emergency leave for a period of 6 days, without escort, commencing from 6.00 pm on 28.07.2025 to 5 pm of 5/8
02.09.2025. On expiry of the emergency leave, the detenu shall surrender before the prison authorities. During the period of leave, the detenu shall report before the Inspector of Police, Sankar Nagar Police Station, Chennai, daily at 05.00 p.m. 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. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [V.L.N., J] 28.07.2025 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes Note : Issue order copy today (28.07.2025) 6/8
To
1. The Deputy Inspector General of Prison, Vellore Range, Vellore-632 002.
2.The Superintendent, Central Prison, Cuddalore - 607 004.
3. The Inspector of Police, Sankar Nagar Police Station, Chennai.
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M.S.RAMESH J.
V.LAKSHMINARAYANAN J.
mrp 28-07-2025 8/8