The court upheld the wife’s plea for emergency leave under Article 226, allowing 6 days leave for the convict based on the petitioner’s health condition.

and S.Sounthar,J.

This Writ Petition has been filed by the wife of the detenue, challenging the order passed by the 3rd respondent dated 09.07.2025 and to grant 15 days leave without escort to her husband/ Convict namely Kozhi Prakash, S/o Sathyamoorthy, CT.No.974, PID No.21049 confined at Central Prison, Salem.

2. The petitioner herein is the wife of the detenu and she would state that she is unwell and seeks for grant of 15 days emergency leave to her husband to take care of her and to arrange funds for her medical treatment. The detenu is in prison for the past 11 years.

3.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 13.08.2025, wherein the Probation Officer has stated that during enquiry, on earlier occasion, it was stated by the petitioner that she did not give any application to grant leave to her husband and that her health is in good condition and therefore, he opposed for grant of leave.

4. Today, the petitioner herself appeared before this Court and she would state that she is not well and seeks to grant 15 days emergency leave to her husband/convict to take care of her.

5. Heard the learned counsel on either side and perused the documents.

6. Even though the Additional Public Prosecutor has objected for grant of leave to the petitioner's husband, since the petitioner appeared before this Court and had stated that she has to take treatment as she is not well and in exercise of powers under Article 226 of the Constitution of India and keeping in line with the decision of the Hon'ble Supreme Court in' Dadu alias Tulsidas Vs. State of Maharashtra ' reported in ' (2000) 8 SCC 437 ', this Court is inclined to grant emergency leave for a period of 6 days to the convict as this Court is convinced with the reasons stated by the petitioner.

7. Accordingly, the impugned order dated 09.07.2025 passed by the third respondent, is hereby quashed. Consequently, the convict viz., Kozhi Prakash, S/o Sathyamoorthy, CT No.974 PID No.21049 confined at Central Prison, Salem is hereby granted emergency leave for a period of 6 days, without escort, commencing from 30.09.2025 to 05.10.2025. On expiry of the leave, the convict shall surrender before the prison authorities on 06.10.2025 before 10.00 a.m.. During the period of leave, the prisoner shall report before the Inspector of Police, Kannankurichi Police Station, Salem District, daily at 10.30 a.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.