Elakkiya v. The State Rep By, The Superintendent,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Elakkiya W/o.Balasubramani, No.85, Seniamman Kovil, Kailashi 1st Street, Thandaiyarpet, Chennai-600 081.
Petitioner(s) Vs The State represented by the Superintendent, Central Prison-I, Puzhal-600 066.
Respondent(s) Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 23.09.2025 passed by the respondent and quash the same and consecutively direct the respondent to grant emergency leave for 15 days without escort to the detenu Balasubramani, S/o.Palanivel, aged about 43 years, Convict No.8271, detained at the Central
Prison, Puzhal.
For Petitioner(s) : Mr.A.Manoharan For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(made by N.Sathish Kumar, J.) The present writ petition (criminal) has been filed calling for the records pertaining to the impugned order dated 23.09.2025 passed by the respondent and quash the same and consecutively direct the respondent to grant emergency leave for 15 days without escort to the detenu Balasubramani, S/o.Palanivel, aged about 43 years, Convict No.8271, detained at the Central Prison, Puzhal.
2.
It is the case of the petitioner that she is the wife of the convict prisoner viz. Balasubramani, S/o.Palanivel, aged about 43 years, Convict No.8271, detained at the Central Prison, Puzhal; the respondent has passed an order dated 23.09.2025 rejecting the ordinary leave sought by her on the ground that her husband has already availed leave as per rules and therefore, he is not entitled to ordinary leave, challenging which, the present petition
has been filed.
3.
The learned counsel appearing for the petitioner would submit that the petitioner's daughter is suffering from health issues and therefore, in order to give medical facilities to her daughter, the petitioner's husband's presence is very much necessary. Hence, he seeks ordinary leave. 4.
A perusal of the medical certificate annexed in this petition shows that all other parameters of the petitioner's daughter are normal and the doctor has advised to continue the treatment. 5.
Considering the fact the petitioner's daughter is suffering from heart ailment and the doctor has advised to continue with the treatment, 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.
6.
In such view of the matter, the impugned order dated 23.09.2025 is set aside and the convict prisoner Balasubramani, S/o.Palanivel, aged about 43 years, Convict No.8271, detained at the Central
Prison, Puzhal, is granted six days emergency leave from 10.11.2025 to 15.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e. H3 - Tondiarpet Police Station, Thiruvottiyur High Road, Tondiarpet, Chennai, daily at 10.30 a.m. After expiry of the emergency leave, the convict prisoner shall surrender before the prison authorities on or before 10.00 am on 16.11.2025. 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. With the above directions, this writ petition (criminal) stands disposed of. No costs.
(N.S.K., J.) (M.J.R., J.) 06.11.2025 nsd Note: Issue order copy on 07.11.2025
To 1.The Superintendent of Prison Central Prison, Puzhal, Chennai.
2.The Inspector of Police, H3-Tondiarpet Police Station, Thiruvottiyur High Road, Tondiarpet, Chennai 600081 3.The Public Prosecutor Madras High Court, Chennai - 600 104
N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
nsd
06.11.2025