Santhiya v. The Deputy Inspector General of Prison,

ORDER

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. This writ petition has been filed to direct the respondents to grant emergency leave for a period of 15 days to the petitioner's father's brother Karthi @ Karthikeyan (Prisoner No.9597), who is confined in Central Prison, Salem based upon the application of the petitioner dated

15.04.2025 seeking to visit his ailing mother and to make financial, medical and other essential arrangements for his mother, who is in critical condition.

¶2Heard the learned counsel on either side and perused the documents.

¶3The petitioner herein seeks for grant of 15 days of emergency leave for her uncle, without escort, on the ground that the mother of the convict prisoner is suffering from serious health ailments and is bed ridden. As such, the presence of the prisoner is required to make some arrangements for her medical expenses and to take care of her. Further, the prisoner has undergone 2 years, 11 months and 21 days of imprisonment.

4.The learned Additional Public Prosecutor, on instructions, submitted that the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true.

¶5Considering that the reason assigned by the petitioner for grant of leave is true and that the convict prisoner has not even availed any leave so far, we are inclined to grant emergency leave for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India.

¶6Accordingly, the detenue viz., Karthi @ Karthikeyan (Prisoner No.9597), who is confined in Central Prison, Salem, is hereby granted emergency leave for a period of 6 days, without escort, commencing from 10.00 am on 11.07.2025 to 5 pm of 16.07.2025. On expiry of the emergency leave, the detenu shall surrender before the prison authorities. During the period of leave, the petitioner shall report before the Inspector of Police, Mettur Police Station, Salem District, daily at 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

¶7Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [V.L.N., J]

04.07.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 10.07.2025 Upload the order copy forthwith To

¶1The Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore.

2.The Superintendent of Prison Central Prison, Salem.

3.The Inspector Of Police, Mettur Police Station, Mettur, Salem District Cr.No.42 Of 2018.

4.The Inspector of Police, Mettur Police Station, Salem District

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. Anu

04.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN SANTHIYA ...Petitioner Vs. 1. The Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore. 2.The Superintendent of Prison Central Prison, Salem. 3.The Inspector Of Police, Mettur Police Station, Mettur, Salem District Cr.No.42 Of 2018. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant emergency leave for a period of 15 days to the petitioners fathers brother Karthi @ Karthikeyan (Prisoner No.9597) who is confined in Central Prison, Salem based upon the application of the petitioner dated 15.04.2025 to visit his ailing mother and to make financial, medical and other essential arrangements for the mother who is in critical condition. For Petitioner : Mr.V.Elangovan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor