S.Sathyamoorthy v. The Home Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN S.Sathyamoorthy

...Petitioner

Vs.

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

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

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 14.08.2025 to grant temporary leave to the convict prisoner Mr.Saravanan, S/o.Sathiyamoorthy, now confined at Puzhal, Central Prison, Chennai, for a period of 2 days from 21.08.2025 to 22.08.2025 to enable him to attend the ritual formalities of his deceased brother Sathishkumar residing at No.6/51, 7th Lane, Sasthri Nagar, Adyar, Chennai - 600 020.

For Petitioner : Mr.P.K.Ganesh

For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This Writ Petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 14.08.2025 seeking for grant of emergency leave.

2. The learned counsel for the petitioner submitted that the petitioner has sought for parole for a period of 2 days for his son/life convict, since he requires his presence for performing his deceased elder son's last rites and ritual formalities on 21.08.2025 and 22.08.2025.

3. The learned Additional Public Prosecutor submitted that he has no objection if the convict prisoner is granted parole by this Court with escort.

4. By taking into consideration the aforesaid submissions, we are inclined to grant three days emergency leave to the petitioner's son/convict prisoner 'with escort'.

5. Accordingly, the Writ Petition stands allowed. Consequently, there shall be a direction to the 2nd respondent herein to grant 3 days emergency leave "with escort" to the petitioner's son/convict prisoner, namely Saravanan, aged about 28 years, S/o.Sathyamoorthy, now confined at Central Prison Puzhal, Chennai, commencing from 10.00 A.M. of 21.08.2025 to 05.00 P.M. of 23.08.2025. After expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authority on 24.08.2025 at 10.00 A.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. No costs.

[M.S.R,J.] [V.L.N,J.] 20.08.2025 Index: Yes/No Speaking order/Non-speaking order hvk Note: Issue order copy today.

M.S.RAMESH,J.

and V.LAKSHMINARAYANAN,J.

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

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

3.The Public Prosecutor, High Court, Madras.

W.P.No.638 of 2025 20.08.2025