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2025 Supreme(Online)(Mad) 67365

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Suresh – Appellant
Versus
The Deputy Inspector General of Prisons – Respondent
W.P.Crl.No. 9 27 of 2025



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

Emergency leave for a convict may be granted based on compassionate grounds, with conditions imposed to ensure compliance.

Headnote:The case examines the petitioner's challenge to the order denying emergency leave under Tamil Nadu Suspension of Sentence Rules, 1982. The court analyzed the background stating the death of the petitioner's brother, and noted previous grants of leave without incident. It concluded by granting three days of emergency leave. The ruling establishes the conditions of the leave and emphasizes usage solely for the granted purpose.

Table of Content
1. the grounds for challenging the denial of emergency leave. (Para 1 , 2)
2. the court's reasoning for granting emergency leave. (Para 3 , 4)

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 passed by the second respondent dated 13.09.2025 rejecting the request of the petitioner/Convict Prisoner viz., Suresh, S/o.Solai, aged 42 years, PID No.291213 for grant of emergency leave.

2. The petitioner states that one of his brothers passed away and the petitioner has to perform the rituals. In this regard, the petitioner sent a representation to the authorities seeking 10 days emergency leave, but the same has been rejected by the second respondent stating that there is no provision under Tamil Nadu Suspension of Sentence Rules, 1982 for granting leave to attend the past death ceremony. Hence, the present writ petition.

3. The convict prisoner is undergoing sentence for more than 5 years, which is not disputed by the learned Additional Public Prosecutor. It is also seen from the Probation Officer report placed before us by the learned Additional Public Prosecutor that earlier ordinary leave was granted by this Court without escort and the convict prisoner has returned to the prison without any untoward incidnet. Hence, we are inclined to grant 6 days emegency leave to the petitioner without escort.

4. Accordingly, the impugned order dated 13.09.2025 is set aside and the convict prisoner Suresh, S/o.Solai, aged 42 years, PID No.291213, 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., Karaikudi Police Station, Sivagangai 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 utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

5. With the above direction, this writ petition stands disposed of.

There shall be no order as to costs.

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