Vijayakumar v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2025

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Vijayakumar ... Petitioner

Versus

1. The Deputy Inspector General of Prison Chennai Range Prison Head Quarters Whannels Road, Egmore Chennai - 600 008

2. The Superintendent of Prison Central Prison - I Puzhal - 600 066 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the impugned order dated 02.09.2025 passed by the respondent No.2 and quashing the same and consequently directing the respondents to grant 6 days emergency leave without escort to the petitioner, namely Vijayakumar, S/o.Mookaiyethevar, aged about 50 years, Convict No.10421, Central Prison, Puzhal, Chennai.

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For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) The present writ petition has been filed challenging the order of rejection of the request to grant emergency leave on the ground of illness for his mother.

2. According to the learned counsel for the petitioner, the petitioner's mother is suffering from various ailments and she, require immediate surgery and hence, prays for 6 days emergency leave. The learned counsel further submitted that the petitioner is unable to incur the expenses for the escort and hence, the petitioner may be granted emergency leave without escort.

3. The learned Additional Public Prosecutor submitted that the impugned order was passed mainly on the ground that the petitioner has pending case. However, he would fairly submit that the pending case cited by the respondent in C.C.No.47 of 2020 on the file of the learned Principal 2/6

Special Court for NDPS Act Cases, Madurai is already over and the petitioner is already imposed punishment of rigorous imprisonment of 19 days and to pay a fine of Rs.4000/- in default to undergo one month Simple Imprisonment.

4. Considering this aspect, the report of the Probation Officer, the medical ground cited by the petitioner and since, the petitioner is already in the custody for more than 5 year and also the petitioner has already availed 21 days of ordinary leave without escort, we are of the view that the convict prisoner can be granted emergency leave not exceeding six days in one spell as per Rules 6 and 13 of Tamil Nadu Suspension of Sentence Rules, 1982.

5. In such view of the matter, the impugned order dated 02.09.2025 is quashed and the convict prisoner Vijayakumar, S/o.Mookaiyathevar (Convict No.10421) is granted six days emergency leave from 13.11.2025 to 18.11.2025 with a condition that the life convict shall report before the jurisdictional police i.e., Uthamapalayam Police Station, Theni District daily at 5.00 p.m. After expiry of the emergency leave, the life convict shall 3/6

surrender before the prison authorities on 18.11.2025 at 05.30pm. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

6. With the above direction, this writ petition stands allowed. There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.] 11.11.2025 Index: Yes/No dhk Note: Issue order copy 12.11.2025 4/6

To

1. The Deputy Inspector General of Prison Chennai Range Prison Head Quarters Whannels Road, Egmore Chennai - 600 008

2. The Superintendent of Prison Central Prison - I Puzhal - 600 066 3.The Inspector, Uthamapalayam Police Station, Theni District

4. The Public Prosecutor High Court, Madras.

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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk 11.11.2025 6/6