A.Aruna v. The Superintendent Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR A.Aruna W/o.Somu @ Somasundaram, No.14, Valarakshmi Nagar Extension, Kolathur, Chennai -600 099.
..Petitioner Vs The Superintendent of Prison Central Prison-1, Puzhal, Chennai-600 066.
..Respondent Prayer : Writ Petition under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 10.10.2025 provide escort enabling the petitioners husband Mr.Somu @ Somasundaram, S/o.Subramani PDI 2710, now confined in Central Prison I, Puzhal, Chennai 600 006 and pass such other orders as deemed fit in the circumstances of the case. For Petitioner :
Mr.P.Pugalenthi For Respondent :
Mr.A.Gokulakrishnan, Additional Public Prosecutor
Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 10.10.2025 provide escort enabling the petitioners husband Mr.Somu @ Somasundaram, S/o.Subramani PDI 2710, now confined in Central Prison I, Puzhal, Chennai 600 006.
2. The petitioner's husband is a life convict. His conviction having been confirmed by the Hon'ble Supreme Court, though earlier he had been released on bail, he was re-committed to the prison on 24.03.2025 and he has been in Central Prison at Puzhal, Chennai.
3. When that being so, the petitioner's husband's brother one Meiyappan died in the first week of October 2025. Therefore, on 07.10.2025 the convict was granted one day emergency leave for the purpose of performing or participating in the last rites.
4. Now, the present petition has been filed by the petitioner ie., the wife of the convict that the 16th day ceremony of her husband's brother is fixed on 22.10.2025 at 10.30 a.m., at Chennai. She asked for six days leave and for the said prayer, the present writ petition has been filed.
5. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor has filed written instructions from the Superintendent of Prisons, Central Prison-1, Chennai, where he has stated the following: " The said prisoner was admitted in Central Prison, Cuddalore on 19.04.2004 and he was transferred to Central Prison-1, Chennai on 29.03.2007 and he was transferred to Central Prison Vellore on administrative grounds on 06.09.2017 and he was released on bail on appeal as per the order of the Hon'ble Supreme Court of India on 13.10.2017 and the sentence was confirmed and re-committed to this prison on 24.03.2025 and has not availed any leave after recommittal in this prison."
6. Learned Additional Public Prosecutor would also submit that on 07.10.2025, the convict has been granted leave for one day, and apart from the case for which he has now been convicted and is undergoing punishment, at least three other cases are pending and that details also had been given by the Superintendent of Prisons, Central Prison-1, Chennai. It is further stated by the learned Additional Public Prosecutor that, there is also life threat for the convict in that locality. Therefore, though he is opposing this petition, if the Court comes forward to consider the same for grant of any leave even for one day, a strong escort must be provided so that the life of the convict can be secured.
7. Considering the said factual position as well as the submissions made by the learned Additional Public Prosecutor, taking note of the fact that even for one day leave such strong escort is required, this Court while refusing to grant leave for six days as prayed for in this writ petition, however is inclined to grant leave for one day ie., from 10.00 a.m. to 4.00 p.m., on 22.10.2025 to the convict Somu @ Somasundaram, S/o.Subramani PDI 2710, with strong escort which can be decided by the
prison authorities as well as the local police. The convict ie., the husband of the petitioner shall give full cooperation to the escort party and return back to the Jail after 4.00 p.m., ie., at least before 6.00 p.m. The family members of the petitioner also shall give full cooperation for execution of this order. The expenses to be incurred for the escort to be provided to the convict shall be borne by the petitioner, which shall be deposited in advance immediately.
8. With the above directions, this writ petition is disposed of. (R.S.K.,J.) (H.C.,J.) 16-10-2025 Index: Yes/No Speaking/Non-speaking order KST Note : Issue order copy today (16.10.2025) To
1. The Superintendent of Prison Central Prison-1, Puzhal,
Chennai-600 066.
2.The Public Prosecutor High Court, Madras.
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST WP Crl. No. 1097 of 2025
16-10-2025