A.Ramapriya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl(MD)No.513 of 2025 and W.P.M.P.Crl(MD)No.143 of 2025 A.Ramapriya ... Petitioner/ -Vs1.The Secretary to Government, Home Department(Prison) Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.
2.The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Ramanthapuram District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent in No.6065/jF.2/2025 dated 07.07.2025 and quash the same and consequently, directing the 2nd and 3rd respondents to grant 15 days emergency leave to the petitioner's husband namely Arun Kumar, S/o.Late Natarajan, a life convict prisoner (C.P.No.6065).
For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Challenge is made to the order dated 07.07.2025 passed in No.6065/jF. 2/2025 by the third respondent rejecting the emergency leave to the petitioner's husband.
2.The learned counsel appearing for the petitioner would submit that the application has been filed seeking emergency leave to arrange for fees for the petitioner's son.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that
though the Probationary Officer has stated that the reason for which the convict prisoner sought for leave is true, however the petitioner is not entitled for grant of leave as per the TNSS of Rules, 1982 and thereby the respondents had rejected the petitioner's request.
4.Though as per the Rule the convict prisoner is not eligible for leave, that would not denude the powers of this Court to grant emergency leave. 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 to arrange fees for his son, 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, Arun Kumar, S/o.Late Natarajan,(C.P.No.6065), from 24.07.2025 to 29.07.2025. 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, Madurai / third respondent, by 30.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear before the Kenikarai Police Station everyday at 07.00 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 closed.
[A.D.J.C., J.] & [R.P., J.] 21.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 22.07.2025
To 1.The Secretary to Government, Home Department(Prison) Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.
2.The Deputy Inspector General of Prisons, Prisons and Correctional Services Department, Madurai Range, Madurai.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Superintendent of Police, Ramanthapuram District.
5.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.513 of 2025 and W.P.M.P.Crl(MD)No.143 of 2025 21.07.2025