Aruna v. The Secretary to Government of Tamilnadu

Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner is wife of Somu @ Somasundaram (convict) confined in Central Prison, Puzhal I, Chennai. She is aggrieved by order dated 21.4.2026 rejecting request for 15 days Emergency Leave without escort.

¶2When the matter had come up on 10.07.2026, we passed the following order:- Mr.Mohamed Riyaz, learned Government Advocate (Criminal Side) accepts notice for the respondents and seeks some time to obtain instructions and file a counter. Report of the Probation Officer is also sought by the next hearing.

¶2The reason for rejection of leave is the bar under Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982, as per which, the convict with pending cases is not entitled to leave. The officers cites four cases, of which, the convict has been acquitted in three and there is only one pending case in CC 159 of 2025 in which the convict is stated to have been granted bail as charge sheet was not filed within the statutory period.

¶3List on 24.07.2026.

¶3The reports of the Probation Officer and the police authorities are both adverse to the convict. As far as the police authorities are concerned, they apprehend law and order problem. As far as the Probation Officer is concerned, he states that he had made an enquiry with the family of the convict, particularly his mother Tmt. Indrani. The reason cited for availment of the leave is that his mother has to undergo medical treatment and surgery. However, the mother has stated categorically that she does not intend to avail any such surgery. Hence drawing our attention to the medical reports placed in the compilation is of no assistance to learned counsel for petitioner as the medical assistance cannot be thrust upon on the convict's mother contrary to her wishes.

¶4Since the reason for the Emergency Leave sought is now not available, we find no reason to intervene in the impugned order and dismiss this writ petition. No costs. (A.S.M.,J.) (S.M.,J.) 27-07-2026 Index: Yes/No Speaking order ssm To

¶1The Secretary to Government of Tamilnadu Home Department (Prison-IV), Fort St.George, Chennai - 600 009.

¶2The Deputy Inspector General of Prison Puzhal Range, Chennai - 600 008.

¶3The Superintendent of Central Prison Central Prison Puzhal - I, Chennai - 600 066.

¶4The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM 27-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Aruna W/o.Somu @ Somasundaram, No.14/15, Varalakshmi Nagar Extension, Kolathur, Chennai - 600 099. ..Petitioner(s) Vs 1. The Secretary to Government of Tamilnadu Home Department (Prison-IV), Fort St.George, Chennai - 600 009. 2. The Deputy Inspector General of Prison Puzhal Range, Chennai - 600 008. 3. The Superintendent of Central Prison Central Prison Puzhal - I, Chennai - 600 066. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3rd Respondent in No.CP-PUI/1523/2026-R2 dated 21.04.2026, quash the same and consequently direct the respondents to grant 15 days Emergency Leave without escort to the petitioner's husband, Namely Somu @ Somantharam, S/o.Subramanian, convict prisoner No.2710, confined at Central Prison, Puzhal-I, Chennai, within a time frame to be fixed by this Honourable Court. For Petitioner(s): Mr.M.Mubeen For Respondent(s): Mr.A.Amarnath, Counsel For Government Of Tamil Nadu (Criminal Side)