IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Arokiyasamy – Appellant
Versus
The State – Respondent
W.P.Crl.No.1158 of 2025
| Table of Content |
|---|
| 1. eligibility for emergency leave request. (Para 1 , 2) |
| 2. prior leave behavior influences current leave eligibility. (Para 3) |
| 3. granting of three days emergency leave under specific conditions. (Para 4 , 5) |
For Petitioner : Ms.P.Divya For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor O R D E R (Order of the Court was made by N.SATHISH KUMAR, J.)
The present writ petition has been filed challenging the order passed by the second respondent dated 25.09.2025 rejecting the request of the petitioner for grant of emergency leave to Convict Prisoner viz., Jayaraj, S/o.Arokiyasamy, aged about 30 years, Convict No.10537.
2. The petitioner states that he underwent surgery in his left leg and he is experiencing severe pain in the said leg and in addition, he is also having pain in his right leg and the doctor advised him to take treatment for the same and hence, he sent a representation to the second respondent seeking emergency leave for his son. The said representation has been rejected by the second respondent stating that there is no provision under Tamil Nadu Suspension of Sentence Rules, 1982 for granting 15 days emergency leave in one spell. Hence, the present writ petition.
3. It is seen from the Probation Officer report placed before us by the learned Additional Public Prosecutor that this year already 6 days emergency leave was granted by this Court vide order dated 15.05.2025 and hence, he is eligible for only 3 days emergency leave. It is also seen that when the leave was granted earlier, the convict prisoner has not come to any adverse notice and the convict prisoner surrendered without any untoward incident. Hence, we are inclined to grant 3 days emergency leave to the petitioner without escort.
4. Accordingly, the impugned order dated 25.09.2025 is set aside and the convict prisoner Jayaraj, S/o.Arokiyasamy, aged about 30 years, Convict No.10537, who is undergoing sentence at Central Prison, Puzhal-I, is granted three days emergency leave from 21.11.2025 to 23.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e., Kalasapakkam Police Station, Thiruvannamalai District daily at 10.30 a.m. After expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authorities on or before 10.00 am on 24.11.2025. The convict prisoner shall utilise the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa
5. With the above direction, this writ petition stands disposed of.
There shall be no order as to costs.
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