C.Suganya v. The Superintendent Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.286 of 2025 and W.M.P(MD)No.77 of 2025 C.Suganya ... Petitioner/ Wife of the Life Convict -Vs1.The Superintendent of Prison, Central Prison, Trichy-620 020.
2.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent vide proceedings in No.7399/ThaKu.4/2025, dated 20.06.2025 and quash the same as illegal and consequently, direct the 1st respondent to grant 15 days emergency leave without police escort to the petitioner's husband namely Chinnadurai, S/o.Muruggaiya, Life Convict Prisoner, PID No.161930 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.S.Ravi, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 20.06.2025, passed by the first respondent, rejecting the petitioner's request for grant of 15 days emergency leave, is under challenge in this writ petition.
2. The writ petitioner is the wife of the life convict and for attending serious illness of her father-in-law, she has sought for 15 days emergency leave to the life convict.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that as per Rule 13 of Tamil Nadu Suspension of Sentence Rules, the convict prisoner is entitled for emergency leave in four instalments ie., (6 + 3 + 3 + 3) and thereby the respondents have rejected the same.
4.In reply, the learned counsel appearing for the petitioner would submit that it would be sufficient that the petitioner is given emergency leave for six days.
5.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant six days emergency leave to the petitioner's husband without escort.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) The respondents are directed to grant six days emergency leave to the petitioner's husband, namely, Chinnadurai, S/o.Muruggaiya, PID No.161930, from 04.07.2025 to 09.07.2025. The life convict shall be released from the prison on 03.07.2025 at 05.30 p.m.
(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / first respondent, by 10.07.2025 at 10.30 a.m., (iii) During the leave period, the convict prisoner shall appear
before the Annavasal Police Station, Pudukkottai District, everyday at 06.00 p.m., without fail.
(iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) No costs. Consequently, the connected miscellaneous petition is also closed.
7.List the matter on 11.07.2025 "for reporting compliance". [A.D.J.C., J.] & [R.P., J.] 01.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 02.07.2025
To 1.The Superintendent of Prison, Central Prison, Trichy-620 020.
2.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns W.P.Crl(MD)No.286 of 2025 and W.M.P(MD)No.77 of 2025 01.07.2025