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2025 Supreme(Online)(Mad) 65334

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
A.Saraswathi – Appellant
Versus
State Rep by The Deputy Inspector General of Prisons Coimbatore Range, Coimbatore Prisons Campus Coimbatore – Respondent
W.P.Crl.No.119 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.Vijaya Ragavan
For the Respondents: Mr.A.Gokulakrishnan, Additional Public Prosecutor

The court determined the conditions under which a convict may receive ordinary leave, highlighting the necessity of adhering to statutory recommendations.

Headnote:The petition was filed under Article 226 of the Constitution seeking a writ of Certiorarified Mandamus to quash the order dated 16.05.2025 by the second respondent regarding leave for a convict prisoner. The petitioner contends that the convict has served more than 4 years and entitled to 21 days ordinary leave. The court found that due to the prior leave taken, the petitioner is only entitled to ordinary leave starting after 18.11.2025. The impugned order was quashed and 21 days ordinary leave was granted from 20.11.2025 to 11.12.2025.

Table of Content
1. writ petition challenges prison leave denial. (Para 1)
2. petitioner asserts right to leave based on service time. (Para 2 , 3)
3. court considers medical evidence and leave eligibility. (Para 5)
4. quashing of impugned order and granting of leave. (Para 6)
5. final ruling and cost declaration. (Para 7)

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor ORDER (Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed challenging the impugned order dated

16.05.2025 of the second respondent, rejecting the representation of the petitioner dated 29.03.2025, seeking ordinary leave for the convict prisoner Manikandan Alias Myilsamy, S/o.Aarumugam (Convict Prisoner PID No.329108) on the ground that the Probation Officer has not recommended for granting leave.

2. The learned counsel for the petitioner submitted that the petitioner's son is undergoing the period of sentence for more than 4 years, The petitioner's son has already availed ordinary leave for the last year, now, 1 year period is already over, therefore, the petitioner is entitled for 21 days ordinary leave. Hence, seeks for leave.

3. The learned Additional Public Prosecutor fairly submitted that th petitioner has availed ordinary leave for the last year from 10.06.2024 to 24.06.2024 and 13.11.2024 to 18.11.2024 without escort, totally 21 days and the petitioner is entitled to ordinary leave only after completion of one year, therefore, at the most, the petitioner is entitled to ordinary leave only from

18.11.2025.

4. Heard both sides and perused the materials placed on record.

5. Considering the submissions made and medical certificate is already attached, the petitioner is entitled to 21 days leave without escort and we are inclined to grant 21 days ordinary leave to the convict prisoner without escort.

6. In such view of the matter, the impugned order dated 16.05.2025 is quashed and the convict prisoner Manikandan Alias Myilsamy, S/o.Aarumugam, (Convict Prisoner PID No.329108) is granted 21 days ordinary leave from 20.11.2025 to 11.12.2025 with a condition that the life convict shall report before the jurisdictional police i.e., Gobichettipalyam Police Station, Coimbatore District daily at 5.30 p.m. After expiry of the ordinary leave, the life convict shall surrender before the prison authorities on 11.12.2025 at 05.30pm. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

7. With the above direction, this writ petition stands allowed. There shall be no order as to costs.

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