Sathishkumar v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.515 of 2025 Sathishkumar ... Petitioner -Vs1.The Superintendent of Prison, Central Prison, Trichy-620 020.

2.The Superintendent of Police, District Police Office, Ariyalur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant 6 days emergency leave without police escort to the convict prisoner, Jegadheesh, S/o.Ganesh (Convict Prisoner No.23715) confined at Central Prison, Tiruchirappalli, in order to participate in the post cremation ceremony.

(Prayer is amended as per the order of this Court dated 15.07.2025 in W.P.M.P.Crl.(MD)No.155 of 2025)

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to direct the respondents to grant 6 days emergency leave without police escort to the convict prisoner, viz., Jegadheesh, S/o.Ganesh (Convict Prisoner No.23715) confined at Central Prison, Tiruchirappalli, in order to participate in the post cremation ceremony.

2. The writ petitioner is the son of the convict prisoner and for attending funeral rites of the petitioner's grandfather, he has sought for six(6) days emergency leave to the convict prisoner.

3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that three(3) days emergency leave with escort may be granted to the convict prisoner to attend his father's funeral rites, which is scheduled to be held on 25.07.2025.

4.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 three days emergency leave to the petitioner's father to attend his grandfather's funeral rites, which is scheduled to be held on 25.07.2025 with single escort.

5. Accordingly, the writ petition is disposed of with the following directions:

(i) The respondents are directed to grant three days emergency leave to the petitioner's father, namely, Jegadheesh, S/o.Ganesh (Convict Prisoner No.23715) from 24.07.2025 to 26.07.2025. The convict prisoner shall be released from the prison on 23.07.2025 at 05.30 p.m.

(ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / first respondent, by 27.07.2025 at 10.30 a.m., (iii) Necessary escort shall be provided to accompany the convict prisoner.

(iv) The escort charges shall be borne by the petitioner and if

necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

(v) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (vi) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vii) No costs.

[A.D.J.C., J.] & [R.P., J.] 15.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 21.07.2025

To 1.The Superintendent of Prison, Central Prison, Trichy-620 020.

2.The Superintendent of Police, District Police Office, Ariyalur 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.515 of 2025 15.07.2025