Stella v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.P.M.P.Crl.(MD)No.200 of 2025 Stella ... Petitioner -VsThe State of Tamil Nadu, Rep by the Superintendant Central Prison, Palayankottai, Tirunelveli District.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in No. 5919/Tha.Ku.2/2025 dated 20.06.2025 and quash the same and consequently, direct the respondent to grant 10 days emergency leave to the petitioner's husband without escort who is now confined at Central Prison, Palayankottai, by name A.Thankanadan, S/o.Appavu (PID No.667825) aged about 69 years as convict prisoner for taking further treatment for his illness at KIMS hosptial, Thiruvananthapuram.
For Petitioner : Mr.P.Sonu 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 20.06.2025 passed in No. 5919/Tha.Ku.2/2025 by the respondent rejecting the grant of 10 days of emergency leave to the petitioner's husband.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned counsel appearing for the petitioner would submit that the convict prisoner, who is aged about 69 years, is a diabetic and he is suffering from Systemic hypertension/Coronary artery disease/Benign Prostatic hypertrophy/anemia. He would further submit that the convict prisoner is also suffering from left diabetic foot ulcer with infective gangrene of left great toe and abscess near ankle. The convict prisoner though now given treatment in Tirunelveli Medical College Hospital, he needs specialised care. The convict prisoner was all along taking treatment at KIMS Hosital, Tiruvananthapuram,
under one Dr.Ashok, who is a consultant Neurologist. Though there is an availability of emergency leave, the health condition of the convict prisoner requires hospitalization for longer date and thereby he would seek set aside the order of rejection and grant ordinary leave.
4.Per contra, the learned Additional Public Prosecutor appearing for the respondent would submit that the convict prisoner has been convicted for the offence under Prevention of Corruption of Act and sentenced to undergo one year of rigorous imprisonment. Even if he has to be given emergency leave, it can be for a period of 15 days in spells of 6 + 3 + 3+ 3 and as on date, the convict prisoner had already availed 4 days emergency leave and 11 days cannot be given at a stretch. He would further submit that the convict prisoner has sought for leave taking treatment at Tiruvananthapuram, hence, the respondent may not be able to provide escort and he may be directed to comply with certain conditions. 5.We have gone through the records. On perusal of the records, it is seen that the convict prisoner has been convicted for one year rigorous imprisonment and now he is taking treatment as an inpatient in Tirunelveli Medical College Hospital.
. The Doctor in Tirunelveli had given a report and the same is extracted hereunder:
6.We have also gone through the photograph of the convict prisoner. The condition of the convict prisoner seems to be very serious and therefore, the petitioner has also sought for emergency leave for 10 days alone. Though Rule says that the convict prisoner can be granted emergency leave only in the spells of 6 + 3 + 3 + 3, it would not denude powers of this Court to grant emergency leave at a stretch. Taking into consideration the medical condition of the convict prisoner, we grant emergency leave for 10 days without escort. 7.Accordingly, the respondent is directed to grant 10 days emergency leave to the petitioner's husband viz., A.Thankanadan, S/o.Appavu (PID No. 667825) from 08.08.2025 to 17.08.2025. The convict prisoner shall be released from the prison from 07.08.2025 at 05.30 p.m. The petitioner and his son shall provide sufficient surety before the Superintendant, Central Prison, Palayankottai, after taking treatment, the convict prisoner shall report back to jail on 18.08.2025 at 10.30 a.m.
8.It is made clear that the order has been passed only taking into consideration the medical condition of the convict prisoner and it shall not be taken as a precedent.
9.With the above observations and directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] & [R.P., J.] 01.08.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 01.08.2025 To 1.The State of Tamil Nadu, Rep by the Superintendant Central Prison, Palayankottai, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns and W.P.M.P.Crl.(MD)No.200 of 2025 01.08.2025