Shanthi v. The Deputy Inspector General Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.11.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Shanthi ... Petitioner
Versus
1. The Deputy Inspector General of Prisons Prison Head Quarters Egmore Chennai
2. The Superintendent of Prison Central Prison Puzhal, Chennai - 600 066
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records in the order No.CP-PU1/3221/2025-R2 dated 15.10.2025 passed by Respondent No.2 and quashing the same and direct the respondents to grant 6 days emergency leave without escort for the petitioner's son, namely Dheena @ Dinesh, S/o.Balan aged about 33 years, PID No.34330, Convict Prisoner, Central Prison, Puzhal.
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For Petitioner :
Ms.S.Nadhiya For Respondents :
Mr.A.Damodaran 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 for grant of 6 days emergency leave to the convict prisoner Dinesh, S/o.Balan (PID No.34330), aged about 33 years.
2. The petitioner is the mother of the convict prisoner. It is the case of the petitioner that she is suffering from knee pain and was advised to undergo knee replacement surgery. It is stated that the petitioner's husband passed away in the year 2001 and hence, she needs the assistance of her son, the convict prisoner, to take care of her. In this regard, the convict prisoner sent a representation to the respondents seeking emergency leave for six day and also filed a writ petition in W.P.Crl.No.903 of 2025 and this Court also directed the respondents to consider the representation and pass appropriate orders. It is seen that the representation has been rejected by the respondents on the ground that the reasons given for grant of leave is not 2/5
genuine. Challenging the said order, the present writ petition has been filed.
3. The learned Additional Public Prosecutor submitted that the petitioner's request was rejected only based on the Probation Officer report.
4. Considering the fact the petitioner is advised to undergo knee replacement surgery, we are of the view that the convict prisoner can be granted six days emergency leave 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 15.10.2025 is set aside and the convict prisoner Dinesh, S/o.Balan (PID No.34330), aged about 33 years, is granted six days emergency leave from 07.11.2025 to 12.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e., H6, R.K.Nagar Police Station, Chennai 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 13.11.2025. The convict prisoner shall utilize the leave only 3/5
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.] 05.11.2025 Index: Yes/No gpa Note: Issue order copy 06.11.2025 To
1. The Deputy Inspector General of Prisons Prison Head Quarters Egmore Chennai
2. The Superintendent of Prison Central Prison Puzhal, Chennai - 600 066 3.The Public Prosecutor High Court, Madras.
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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa 05.11.2025 5/5