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2025 Supreme(Online)(Mad) 67362

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Balaji – Appellant
Versus
The Deputy Inspector General of Prisons – Respondent
W.P.Crl.No.1386 of 2025



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

The court established the right to emergency leave for convict prisoners under exceptional circumstances, provided that proper medical justification is presented.

Headnote:The petitioner challenged the rejection of his request for emergency leave under Article 226. The Court noted that the petitioner’s mother required knee surgery and was inclined to grant leave after considering medical records, concluding to grant 3 days leave. The impugned order is set aside, and the petitioner is granted specified leave.

Table of Content
1. right to medical leave for convicts. (Para 1 , 2)
2. court's consideration of medical records. (Para 3 , 4 , 5)
3. granting of conditional leave. (Para 6)

For Petitioner : Ms.S.Nadhiya 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 of the second respondent dated 18.10.2025 rejecting the request of the petitioner/Convict Prisoner viz., Balaji, S/o.Sivakumar (PID No.306513), for grant of 6 days emergency leave.

2. The petitioner states that his mother is advised to undergo knee replacement surgery and hence, he gave a representation dated 03.09.2025 to the authorities seeking 15 days emergency leave, but the second respondent rejected the same vide the above said order. Hence, the present writ petition.

3. The learned Additional Public Prosecutor submitted that the petitioner's request was not rejected and the petitioner was only asked to produce the medical records pertaining to medical condition of his mother. He would further submit that the petitioner has already availed 6 days emergency leave and now, he is entitled for only 3 days emergency leave.

4. We have heard the rival submissions and also perused the medical records placed before us.

5. It is seen that the petitioner’s mother has been advised to undergo knee replacement surgery. Hence, we are inclined to grant 3 days emergency leave to the convict prisoner.

6. Accordingly, the impugned order dated 18.10.2025 is set aside and the convict prisoner Balaji, S/o.Sivakumar (PID No.306513), who is undergoing sentence at Central Prison, Puzhal, 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., P6-Kondungayur Police Station, Chennai 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 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 disposed of.

There shall be no order as to costs.

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