Amudha v. The Government of Tamil Nadu Rep by Its Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 25.06.2025, rejecting the representation of the petitioner dated

12.06.2025, on the ground that the convict prisoner has not completed 2 years of imprisonment and hence, he is not eligible for grant of leave as per Rule 22(1)(b) of the Tamil Nadu Suspension of Sentence Rules, 1982.

¶2The learned counsel for the petitioner submitted that the convict prisoner has to undergo heart surgery in a private hospital for better facility and care and therefore, the petitioner sought for an ordinary/emergency leave for her son/convict prisoner without escort. The learned counsel further submitted that the convict prisoner has undergone 1 year and 4 months of imprisonment.

¶3The learned Additional Public Prosecutor has produced the particulars of the convict prisoner dated 16.07.2025, as well as the report of the Probation Officer dated 01.07.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner for seeking leave for her son/convict prisoner are true.

¶4Taking into consideration the favourable report of the Probation Officer, as well as the reasons assigned in affidavit filed in support of this petition, we are inclined to grant 6 days of emergency leave to the petitioner's son/convict prisoner 'with minimum escort' at the petitioner's cost.

¶5Accordingly, the impugned order dated 25.06.2025 passed in No.1326/Tha.Ku3/2025 by the third respondent, is hereby quashed. Consequently, the respondents herein are directed to grant 6 days of Emergency Leave "with minimum escort" to the petitioner's son/convict prisoner namely Kurinji @ Kurinjinathan, S/o.Ondiyappan, aged about 33 years, commencing from 01.08.2025 to 06.08.2025. After expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authority on 06.08.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

¶6With the above directions, this Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed.

[M.S.R, J.] [V.L.N, J.]

25.07.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 31.07.2025. To

1.The Secretary to Government of Tamil Nadu, Home [Prison-IV] Department, Fort St.George, Chennai – 9.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai – 8.

3.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore – 641 018.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V. LAKSHMINARAYANAN, J. Sni

25.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.Crl.No.105 of 2025 Amutha ... Petitioner Vs. 1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Home [Prison-IV] Department, Fort St.George, Chennai – 9. 2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai – 8. 3.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore – 641 018. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the entire records pertaining to order of 3rd respondent dated 25.06.2025 in No.1326/Tha.Ku3/2025 and quash the same as illegal and to grant an ordinary/emergency leave of 30 days without escort to the son of petitioner/convict name Kurinji @ Kurinjinathan, S/o.Ondiyappan, aged about 33 years in order to undergo heart surgery in a private hospital. For Petitioner : Mr.Gowtham for Mr.D.Krishnamoorthy For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor