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Madras High CourtWP Crl./1785/2025allowed

G. Pandiyammal v. The Superintendent Of Prison

2025-12-26Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE P. DHANABA L W.P.

Crl.

No.

of G.Pandiyammal ... Petitioner Vs.

The State represented by its, The Superintendent of Prison, Central Prison at Cuddalore, Capper Hills Road, Cuddalore.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings No.I/453272/2025/ta.ku.2/2025 dated 04.12.2025 passed by the respondent, quash the same and consequently direct the respondents to grant 03 days emergency leave without escort to the convict namely Mr.Rajkumar S/o.Kasinathan CT.No.17878 and pass such further or other orders.

For Petitioner : Mr.M.Mohamed Saifulla For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted to quash the order dated 04.12.2025 passed by the respondent and consequently to direct the respondent to grant three days emergency leave without escort to the convict viz., Mr.Rajkumar S/o.Kasinathan bearing CT.No.17878.

2.

A perusal of the impugned order it can be seen that the prisoner has been granted three days emergency leave with escort. 3.

The learned Counsel for the petitioner submits that the prisoner is undergoing imprisonment for the past 5 years and no adverse conduct has been noticed against him by the jail Authorities. On the earlier occasion, the convict was granted leave without escort. However, the Authorities not considering the said fact, passed the impugned order granting three days emergency leave to the prisoner with escort. Hence the present writ petition. 4.

Learned Additional Public Prosecutor appearing on behalf of the respondent could not able to rebut the claim of the petitioner that on the earlier occasion leave was granted without escort.

5.

That being the factum, the impugned order has to be modified to the extent of granting leave without escort.

Accordingly, the prisoner viz., Mr.Rajkumar S/o.Kasinathan bearing CT.No.17878 is granted emergency leave for 3 days without escort.

6.

With the above modifications in the impugned order dated 04.12.2025, the writ petition stands allowed. [S.M.S., J.] [P.D.B., J.] 26.12.2025 Index: Yes Speaking/Non-speaking order veda/gpa

To 1.

The Superintendent of Prison, Central Prison at Cuddalore, Capper Hills Road, Cuddalore.

2.

The Public Prosecutor, Madras High Court, Chennai - 104.

S.M.SUBRAMANIAM, J.

AND P. DHANABAL.J.

veda/gpa 26.12.2025