J. Mohamed Haris v. The Superintendent Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA J.Mohamed Haris ... Petitioner -vs1.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, to issue a writ of certiorarified mandamus to call for the records relating to the impugned
order passed by the first respondent vide proceedings in No.14200/Thaku..4/2025 dated 20.11.2025 and quash the same as illegal and consequently direct the first respondent to grant six days emergency leave without police escort tot he petitioner's father namely Jahaber Sathick, S/o. Haja Alavudeen, 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.Senthil Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the first respondent vide proceedings in No.14200/Thaku..4/2025 dated 20.11.2025 and direct the first respondent to grant six days emergency leave without police escort tot he petitioner's father namely Jahaber Sathick, S/o. Haja Alavudeen, life convict PID No.321781 confined at Central Prison, Trichy for attending the serious illness of his wife namely Jasmin Farvin.
2. It is the case of the petitioner that his father was convicted by the learned III Additional District and Sessions Judge(Fast Track Court) Kumbakonam, Thanjavur District, by Judgment dated 25.03.2021 in S.C.No.13 of 2019, for the offences under Sections 457,380, 302 r/w.34 of IPC and he was sentenced to undergo life imprisonment. Aggrieved over the judgment, the convict has filed an appeal before this Court in Crl.A(MD) No.253 of 2021 which was confirmed by this Court vide judgment dated 13.12.2023. He would further submit that the mother of the petitioner is suffering from Acute Severe Asthma and her health condition is very serious, therefore she requires immediate treatment. The petitioner, who is the son of the convict, submitted an application seeking emergency leave for his father for a period of 6 days. After considering the request made by the petitioner, the first respondent granted emergency leave to the petitioner's father with escort. The petitioner is being a poor family, he could not afford cost for the escorts.
3. In view of the above, the condition imposed in the order dated 20.11.2025 directing the petitioner's father to go on emergency leave with escort is modified and he shall go on emergency leave without escort. However, the petitioner's father is directed to comply with the usual conditions imposed by the jail authorities and he should also report before the third respondent police daily at 05.30 p.m. He shall duly comply with the conditions and return to the prison on expiry of the leave period.
4. Accordingly, the order of the first respondent dated 20.11.2025 is quashed in sofar as the ordering escort alone and the Writ Petition is disposed of. [G.K.I., J.] [R.P., J.] 17.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav
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 .
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 17.12.2025