The court affirmed the right of a convict to receive leave for medical reasons, even amid pending cases, under specific conditions.

O R D E R

(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 3rd respondent dated 18.08.2025 rejecting the ordinary/emergency leave of 30 days sought for by the petitioner for her husband namely Somu @

Somasundaram, Life convict No.571 [PID No.2710] and to grant an ordinary/emergency leave of 30 days without escort to the husband of petitioner/life convict.

2. The petitioner states that she is suffering from various ailments and has been advised to undergo surgery for uterus removal and hence, a representation was sent to the authorities seeking 30 days leave, but the same has been rejected stating that there are pending cases against the convict prisoner. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner submits that the convict prisoner has completed more than 15 years of sentence and hence, the leave may be granted as the petitioner has to undergo surgery for uterus removal.

4. The learned Additional Public Prosecutor submitted that as per Tamil Nadu Suspension of Sentence Rules, a convict prisoner is not entitled for leave when there are pending cases and only based on the Rules, the petitioner’s request was rejected.

5. We have perused the medical records placed before this Court. It is seen that the petitioner is suffering from various ailments and has been advised to undergo uterus removal. Hence, we are inclined to grant 30 days ordinary leave to the convict prisoner.

6. Accordingly, the impugned order passed by the third respondent dated 18.08.2025 is set aside and we direct the respondents to release the convict prisoner namely, Somu @ Somasundaram, Life Convict No.571 [PID No.2710], S/o.Subramanian, confined in the Central Prison, Puzhal, Chennai for 30 days from 21.11.2025 to 20.12.2025 with escort, subject to the usual / other conditions that may be imposed by the respondents. 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 21.12.2025. The expenses for the Escort shall be paid by the petitioner in advance.

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