Mubina v. The Govt . Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN W.P.Crl.No.

of 2025 Mubina ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Home (Prison) Department, Fort St. George, Chennai - 600 009.

2.The Additional Director General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Puzhal,

Chennai - 600 066.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the rd respondent pertaining to the order made in CP-PU1/2401/2025-R2, dated 31.07.2025 and quash the same and to direct the 3 rd respondent to grant further 30 days to the petitioner's husband Mohamed Yunas @ Yunas, S/o.Mohamad Satta Sab, Prisoner No.11097 (PID 661490). For Petitioner : Mr.J.Franklin For R1 to R3 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N. SATHISH KUMAR, J.) Challenging the order of the 3 rd respondent rejecting the request for grant of further 30 days leave to the petitioner's husband Mohamed Yunas @ Yunas, S/o.Mohamad Satta Sab, Prisoner No.11097 (PID 661490), the

present writ petition has been filed. The petitioner seeks leave on medical grounds.

2.Learned Additional Public Prosecutor would submit that the sentence imposed on the petitioner's husband has been confirmed upto this Court in Crl.R.C.No.434 of 2020 by order dated 02.01.2023. The convict was originally awarded with three years rigorous imprisonment and thereafter, on appeal, it was modified to two years simple imprisonment. However, the convict has not even completed one year of imprisonment. 3.In order to avail the benefit under Tamil Nadu Suspension of Sentence Rules, 1982, the prisoner should have undergone atleast one year of sentence as per Rule 22(1)(a) of the Tamil Nadu Suspension of Sentence Rules, 1982. Therefore, the impugned order warrants no interference. At the most, the petitioner is entitled to seek only Emergency Leave. In such

case, she has to file all the necessary documents before the Prison authorities for grant of Emergency Leave. In the event of the petitioner filing any application for Emergency Leave by producing all the necessary documents and medical records, let the Prison authorities consider the same and pass orders in accordance with law.

4.Accordingly, this writ petition is disposed of. No costs. (N.S.K., J.) (M.J.R., J.) 25.11.2025 mkn Internet : Yes Index : Yes / No Speaking Order / Nonspeaking order To 1.The Secretary, Government of Tamil Nadu, Home (Prison) Department,

Fort St. George, Chennai - 600 009.

2.The Additional Director General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

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

4.The Public Prosecutor, High Court, Madras.

N. SATHISH KUMAR, J.

and M. JOTHIRAMAN, J.

mkn W.P.Crl.No.

of 2025

25.11.2025