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Madras High CourtWP Crl.(MD)/3520/2026

J.Mohamed Haris v. The Superintendent Of Prison

2026-06-25Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD) No.3520 of 2026 J.Mohamed Haris ......

Petitioner Vs.

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

2.The Superintendent of Police, O/o the Superintendent of Police Thanjavur District.

3.The Inspector of Police, Thiruvidaimaruthur Police Station Thanjavur District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent vide proceedings in No.127624/Thaku.4/2026 dated 11.06.2026 and quash the same as illegal and consequently direct the 1st respondent to grant 3 days emergency leave without police escort to the petitioner's father namely Jahaber Sathik, S/o.Haja Allavudeen, Life Convict, PID No.321781

confined at Central Prison, Trichy for attending the serious illness of his wife namely Jasmin Farvin.

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side)

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed challenging the proceedings of the first respondent made in No.127624/Thaku.4/2026 dated 11.06.2026 and for a consequential direction to the first respondent to grant 3 days emergency leave without Police escort to the petitioner's father, who is presently serving his sentence at Central Prison, Trichy.

2. Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) appearing on behalf of the respondents.

3. The petitioner's father is a life convict, who is undergoing sentence at Central Prison, Trichy. The petitioner submitted a

representation seeking for emergency leave to his father on the ground that the convict's mother is suffering from serious illness and that she requires the physical and emotional support of the convict. The first respondent, on receipt of the said representation, rejected the same on the ground that the Probation Officer submitted a report to the effect that the ground, on which the emergency leave has been sought for, is not true. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. The learned Counsel for State of TN (Crl.Side), on instructions, submitted that the convict has undergone sentence of 5 years and 3 months and that earlier he was granted ordinary leave once and emergency leave twice.

5. Taking into consideration the facts and circumstances of this case and considering the reason for which the emergency leave has been sought for and taking note of the fact that emergency leave and ordinary was earlier granted to the convict and nothing untoward took place, we are inclined to interfere with the proceedings of the first respondent dated 11.06.2026 and the same is hereby quashed. There shall be a direction to

the first respondent to grant 3 days emergency leave to the convict, subject to the condition that he shall report before the third respondent Police daily at 5.00 PM during the entire leave period.

6. This Writ Petition (Criminal) is allowed with the above directions. No costs.

[N.A.V., J.] & [K.K.R.K., J.] 25.06.2026 NCC : Yes / No Index : Yes / No Indu

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

2.The Superintendent of Police, O/o the Superintendent of Police Thanjavur District.

3.The Inspector of Police, Thiruvidaimaruthur Police Station Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.3520 of 2026 25.06.2026