Hemavathi v. The State Rep By The Secretary To The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.P.M.P.(Crl.)No.287 of 2025 Hemavathi, D/o Narayanan ... Petitioner -vsThe State rep. by its
1. The Secretary to Government of Tamil Nadu, Depatment of Home, Fort St.George, Chennai - 600 009.
2. The Deputy Inspector General of Prison, Puzhal Range, Puzhal - 600 066
3. The Superintendent, Central Prison Puzhal, Puzhal - 600 066.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned letter dated 21.07.2025 passed by the 1/5
3rd respondent and quash the same and consequently, direct the 2nd respondent to grant emergency leave for 15 days without escort to the detenu, Abishek S/o Narayanan aged about 28 years, convict prisoner, bearing Convict No.7942, confined at Central Prison, Puzhal. For Petitioner : Mr.P.Bakiyaraj For Respondent : Mr.A.Gokulakrishnan Addl. Public Prosecutor
O R D E R
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed, challenging the order dated 21.07.2025 passed by the 3rd respondent, whereby the representation of the petitioner, seeking to grant leave to her son / Convict Prisoner, was rejected.
2. It is the case of the petitioner that she is the mother of the Life Convict, namely, Abishek, S/o Narayanan, aged 28 years, Convict No.7942 and her son has been undergoing life imprisonment in connection with the judgment dated 03.02.2020 passed in S.C.No.407 of 2018 on the file of the Court of Sessions Special Court for Exclusive Trial Cases under POCSO Act at Chennai. The representation dated 14.07.2025 given by the petitioner for grant of 15 days emergency leave to her son was rejected by the respondent vide order impugned herein. It is the further case of the 2/5
petitioner that her husband died on 11.07.2025 due to paralyze attack and her son has to do the last rituals to his father and hence, his presence is necessary. The petitioner would further state that her son is in prison for more than six years.
3. Learned Additional Public Prosecutor has stated that the petitioner's son is inside prison for the past 7 years. The convict availed leave only in the month of January,2025 i.e., from 11.01.2025 to 31.01.2025 and therefore, he objected for grant of leave.
4. Considering the fact that the convict is inside prison for more than 7 years and that he has to do the last rituals to his father, we are inclined to grant leave for a period six days without escort to the Convict.
5. Accordingly, we direct the respondent to grant ordinary leave to the petitioner's son / Life Convict, namely, Abishek, S/o Narayanan aged about 28 years, Convict No.7942, confined in the Central Prison, Puzhal, for a period of six days from 10.10.2025 to 16.10.2025 (by excluding the day on which the Convict is released from the prison) without escort, subject to the usual / other conditions that may be imposed by the respondents. The life convict shall report before the jurisdictional 3/5
Police i.e. K2 Ayanavaram Police Station, daily at 10.00 a.m. The convict shall return back to the prison on or before 05.00 p.m. on 16.10.2025.
6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.J.,) (S.S,J.,) 08.10.2025 vsi Note: Issue order copy on 09.10.2025 To
1. The Secretary to Government of Tamil Nadu, Depatment of Home, Fort St.George, Chennai - 600 009.
2. The Deputy Inspector General of Prison, Puzhal Range, Puzhal - 600 066
3. The Superintendent, Central Prison Puzhal, Puzhal - 600 066.
4. The Public Prosecutor, High Court, Chennai.
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J.NISHA BANU, J.
AND S.SOUNTHAR , J.
vsi 08.10.2025 5/5