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Madras High CourtWP Crl./927/2025disposed of

Suresh v. The Deputy Inspector General Of Prisons

2025-11-19Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2025

CORAM

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

Versus

1. The Deputy Inspector General of Prisons Whannels Road Egmore, Chennai - 600 008

2. The Superintendent of Prison Central Prison-I Puzhal, Chennai - 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 13.09.2025 passed by Respondent No.2 and quashing 1/9

the same and consequently directing the respondents to grant 10 days emergency leave by without escort to the petitioner, namely Suresh, S/o.Solai, aged 42 years, Convict Prisoner, PID No.291213, Central Prison, Puzhal.

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 passed by the second respondent dated 13.09.2025 rejecting the request of the petitioner/Convict Prisoner viz., Suresh, S/o.Solai, aged 42 years, PID No.291213 for grant of emergency leave.

2. The petitioner states that one of his brothers passed away and the petitioner has to perform the rituals. In this regard, the petitioner sent a representation to the authorities seeking 10 days emergency leave, but the same has been rejected by the second respondent stating that there is no 2/9

provision under Tamil Nadu Suspension of Sentence Rules, 1982 for granting leave to attend the past death ceremony. Hence, the present writ petition.

3. The convict prisoner is undergoing sentence for more than 5 years, which is not disputed by the learned Additional Public Prosecutor. It is also seen from the Probation Officer report placed before us by the learned Additional Public Prosecutor that earlier ordinary leave was granted by this Court without escort and the convict prisoner has returned to the prison without any untoward incidnet. Hence, we are inclined to grant 6 days emegency leave to the petitioner without escort.

4. Accordingly, the impugned order dated 13.09.2025 is set aside and the convict prisoner Suresh, S/o.Solai, aged 42 years, PID No.291213, who is undergoing sentence at Central Prison, Puzhal, is granted three days emergency leave from 21.11.2025 to 23.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional 3/9

police i.e., Karaikudi Police Station, Sivagangai District daily at 10.30 a.m. After expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authorities on or before 10.00 am on 24.11.2025. The convict prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

5. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.] 19.11.2025 Index: Yes/No gpa Note: Issue order copy 20.11.2025 4/9

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2025

CORAM

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

Versus

1. The Deputy Inspector General of Prisons Whannels Road Egmore, Chennai - 600 008

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

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India 5/9

praying for a Writ of Certiorarified Mandamus to call for the records of the impugned order dated 13.09.2025 passed by Respondent No.2 and quashing the same and consequently directing the respondents to grant 10 days emergency leave by without escort to the petitioner, namely Suresh, S/o.Solai, aged 42 years, Convict Prisoner, PID No.291213, Central Prison, Puzhal.

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.) This matter is listed under the caption "FOR BEING MENTIONED" at the instance of the learned counsel for the petitioner.

2. In paragraph 4 of the order, it is been wrongly typed as "three days emergency leave from 21.11.2025 to 23.11.2025" instead of six days emergency leave from 21.11.2025 to 26.11.2025. Hence, paragraph 4 shall read as follows:

"4. Accordingly, the impugned order dated 13.09.2025 is set 6/9

aside and the convict prisoner Suresh, S/o.Solai, aged 42 years, PID No.291213, who is undergoing sentence at Central Prison, Puzhal, is granted six days emergency leave from 21.11.2025 to 26.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e., Karaikudi Police Station, Sivagangai District daily at 10.30 a.m. After expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authorities on or before 10.00 am on 27.11.2025. The convict prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities." Registry shall make necessary correction and issue fresh order copy. [N.S.K.,J.] [M.J.R.,J.] 20.11.2025 Index: Yes/No gpa Note: Issue order copy 20.11.2025 7/9

To

1. The Deputy Inspector General of Prisons Whannels Road Egmore, Chennai - 600 008

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

3. The Karaikudi Police Station, Sivagangai District 4.The Public Prosecutor High Court, Madras.

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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa .11.2025 9/9