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2025 Supreme(Online)(Mad) 76931

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, M. JOTHIRAMAN, JJ
Savithri – Appellant
Versus
The State represented by its The Deputy Inspector General of Prison – Respondent
W.P.Crl.No.1313 of 2025



Advocates:
For the Appellants/Petitioners: Mr.S.Sadhana
For the Respondents: Mr.A.Gokulakrishnan, Additional Public Prosecutor

The court found that exigent personal circumstances justified the grant of temporary leave despite regulations.

Headnote:This petition concerns a challenge to the order by the second respondent, dated 25.08.2025, denying the petitioner ordinary leave for her son, Rajasekar, a convict. The petitioner claims health issues and support needs and seeks a review of leave regulations. The Court ruled to grant 7 days leave given the petitioner's circumstances, setting aside the previous order. It directs the release of Rajasekar from 21.11.2025 to 27.11.2025 under specific conditions, allowing the petition with no costs.

Table of Content
1. grounds for seeking leave. (Para 1 , 2 , 3 , 4)
2. court's observation on health and previous leave granted. (Para 6)
3. court's directive for granting leave. (Para 7 , 8)

(Order of the Court was made by N. SATHISH KUMAR, J.

This writ petition has been filed seeking to quash the order passed by the second respondent dated 25.08.2025 rejecting the ordinary leave of 30 days sought for by the petitioner for her son namely Rajasekar, S/o.Anthonidas, aged about 49 years, bearing Convict No.7941 (PID No.87028) and to grant an ordinary leave for 30 days without escort to the petitioner’s son.

2. The petitioner states that she is suffering from various ailments and has been advised to undergo treatment for bronchial obstruction and hence, she sent a representation to the authorities seeking 30 days leave for her son, but the same has been rejected stating that a convict prisoner can be granted leave only after expiry of one year of imprisonment from the date of return from the last ordinary leave. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner states that the petitioner’s husband passed away and she has no other person to take care of her.

4. The learned Additional Public Prosecutor submitted that as per Tamil Nadu Suspension of Sentence Rules, a convict prisoner is entitled to avail ordinary leave only after expiry of one year of imprisonment from the date of return from the last ordinary leave.

5. We have perused the records placed before this Court.

6. The fact that the petitioner has been advised treatment for her medical condition is not disputed by the learned Additional Public Prosecutor. It is seen that this Court has already granted 21 days ordinary leave without escort to the petitioner vide order dated 07.01.2025. Hence, considering the fact that there is no other person to assist the petitioner for her treatment, we are inclined to grant 7 days ordinary leave to the convict prisoner.

7. Accordingly, the impugned order passed by the second respondent dated 25.08.2025 is set aside and we direct the respondents to release the convict prisoner namely, Rajasekar, S/o.Anthonidas, aged about 49 years, bearing Convict No.7941 (PID No.87028), confined in the Central Prison-I, Puzhal, Chennai for 7 days from 21.11.2025 to 27.11.2025 without escort with a condition that the convict prisoner shall report before the jurisdictional police i.e., K2 Ayanavaram Police Station daily at 10.30 a.m. The convict prisoner shall be released from the prison at 10.00 a.m. on 21.11.2025 and he shall return back to the prison on or before 10.00 a.m. on

28.11.2025.

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

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