Kayalvizhi v. The State Rep. by the Deputy Inspector General of Prisons,

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

16.05.2025, rejecting the representation of the petitioner dated 29.04.2025, on the ground that the leave will be granted only if the medical certificate is produced along with an application for leave.

¶2The learned counsel for the petitioner submitted that the petitioner requires the presence of her husband/life convict in arranging funds for their twin daughters' treatment since their condition is worsening and hence, she sought for 6 days of emergency leave for her husband/life convict. The learned counsel further submitted that the life convict has undergone 2 years and 9 months of imprisonment and he has not availed any leave so far.

¶3The learned Additional Public Prosecutor has produced the particulars of the life convict dated 24.07.2025, as well as the report of the Probation Officer. The Probation Officer in his report has stated that the reasons assigned by the petitioner for seeking leave for her husband/life convict are true and he has also attached a medical certificate of the petitioner's twin daughters along with his report.

¶4Considering the favourable report of the Probation Officer, medical certificate, as well as the reasons assigned in the accompanying affidavit for seeking leave, we are inclined to grant 3 days of emergency leave to the petitioner's husband/life convict.

¶5Accordingly, the impugned order dated 16.05.2025 passed in No.I/243015/2025 by the second respondent herein, is hereby quashed. Consequently, the respondents herein are directed to grant 3 days of Emergency Leave "without escort" to the petitioner's husband/life convict namely Prakash, S/o.Krishnapandiyan, aged about 36 years, PID No.337938, presently confined at Central Prison, Coimbatore, commencing from

01.08.2025 to 03.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Soorampatti Police Station, Erode, daily at 10.30 A.M. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority on 03.08.2025 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 Sni Note: Issue Order Copy on 31.07.2025. To

1.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai – 600 008.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Inspector of Police, Soorampatti Police Station, Erode.

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.121 of 2025 Kayalvizhi ... Petitioner Vs. 1.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai – 600 008. 2.The Superintendent of Prison, Central Prison, Coimbatore. ... 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 records of the impugned order No.I/243015/2025 dated 16.05.2025 passed by the respondent No.2 and quash the same and consequently direct the respondents to grant 6 days emergency leave without escort to the petitioner's husband namely Prakash, S/o.Krishnapandiyan, aged 36 years, convict prisoner, convict PID No.337938, Central Prison, Coimbatore. For Petitioner : Ms.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor