Bhavani v. The Secretary To Government, Home Department (Prison)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and WMP.Crl.(MD) No.643 of 2025 Bhavani ... Petitioner -vs1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu Secretariat St. George Fort Chennai 09.

2.The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and Correctional Services Department Madurai Region 3.The Superintendent of Prison Central Prison 4.The Superintendent of Police Ramanathapuram District.

5.The Inspector Of Police Kenikkarai Police Station Ramanathapuram District.

....Respondents.

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent in No.4663/Tha.Ku.2/2025 dated 15.12.2025 and quash the same and consequently directing the 2nd and 3rd respondents to grant 11 days Emergency without escort to the petitioner's father namely Veerasamy , S/o. Muthuirulandi (C.P.No.6067, PID No.205558) now confined in Central Prison, Madurai.

For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The prayer in the Writ Petition is to quash the impugned order passed by the third respondent in No.4663/Tha.Ku.2/2025 dated 15.12.2025 and consequently directing the 2nd and 3rd respondents to grant 11 days Emergency without escort to the petitioner's father namely Veerasamy , S/o. Muthuirulandi (C.P.No.6067, PID No.205558) now confined in Central Prison, Madurai.

2. The petitioner is the daughter of the convict who was convicted for the offences under Section 120(B), 302r/w.114 of IPC in S.C. No.5 of 2019 by the learned Principal Sessions Judge, Ramanathapuram by an order dated

22.09.2021 for life sentence. The convict also preferred appeal before this Court in Crl.A(MD) No.425 of 2021 and the same was also confirmed by this Court. The father of the petitioner is in prison for more than three years. While being so, the petitioner planned to perform ear boring ceremony for her son 31.12.2025 and also planned for a house warming ceremony on 25.12.2025, however the request of the petitioner was rejected by the third respondent by an order dated 15.12.2025.

3. The learned Additional Public Prosecutor on instructions submitted that the convict prisoner has already availed ordinary leave for this spell and therefore he is not entitled for any leave. As on today the convict prisoner completed 3 years 9 months and 6 days on 18.12.2025. Now the petitioner has sought for emergency leave for 15 days for her father.

4. On perusal of the record reveals that the reasons stated in the application of the petitioner seeking emergency leave is that she planned to perform ear boring ceremony for her son on 31.12.2025 and house warming ceremony on 25.12.2025. As per Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 emergency leave can be granted to a convict for attending the marriage or death of the blood related mother, sisters, father and to see the

seriously ill or critically ill blood related persons like father, mother, husband, wife, sisters and brothers and the rule does not permit to grant emergency leave that too for ear boring ceremony or house warming ceremony.

5. In view of the same, this Court does not find any infirmity or illegality in the order passed by the third respondent, hence the petition stands dismissed. Consequently connected miscellaneous petition stands closed. [G.K.I., J.] [K.R.., J.] 19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1.The Secretary to Government, Home Department (Prison) Government of Tamil Nadu Secretariat St. George Fort Chennai 09.

2.The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison and Correctional Services Department Madurai Region

3.The Superintendent of Prison Central Prison 4.The Superintendent of Police Ramanathapuram District.

5.The Inspector Of Police Kenikkarai Police Station Ramanathapuram District.

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

G.K.ILANTHIRAIYAN , J.

AND KRISHNAN RAMASAMY, J.

aav 19.12.2025