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2026 Supreme(Online)(Mad) 34616
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Sagayamery – Appellant
Versus
The State Represented By Its, The Superintendent of Prison, Cental Prison Coimbatore – Respondent
WP Crl. No. 910 of 2026 | WPMP CRL. NO. 301 OF 2026
For the Appellants/Petitioners: Ms.S.Maroshini
For the Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr.M.Sylvester John
Emergency leave limited to 6 days under TN Rules despite family medical emergency; granted with conditions.
Headnote:The petitioner challenged an order rejecting emergency leave for 15 days without escort under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, which limits such leave to 6 days followed by 3-day instalments. Facts involved the convict's son suffering a hand injury in October 2025 requiring recent surgery. The court found the authorities did not disbelieve the injury or relationship but sought original documents. The issue was whether 15 days emergency leave could be granted despite the rule's tranche limits and if original documents were necessary. The ratio decidendi held that while 15 days was impermissible, 6 days leave was warranted given the accepted genuineness of the injury and documents, directing release with conditions. The writ petition was disposed, sustaining rejection of 15 days but granting 6 days emergency leave without escort from 24.04.2026 to 29.04.2026 with reporting and surrender conditions.
| Table of Content |
|---|
| 1. petition challenges rejection of 15-day emergency leave. (Para 1 , 2) |
| 2. rules limit leave to 6-day tranches; injury undisputed. (Para 4) |
| 3. originals unnecessary; 6 days granted with conditions. (Para 6) |
| 4. petition disposed per directions. (Para 7) |
The wife of the convict Selvam S/o.Gurusamy, detained at Central Prison, Coimbatore (convict) has filed this Writ Petition challenging order dated 05.03.2026 rejecting the request for emergency leave for 15 days without escort to the convict.
2. We have heard Ms.S.Maroshini, learned counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.
3. We agree with the respondents that the matter of emergency leave of 15 days would not arise, asRule 6of theTamil Nadu Suspension of Sentence Rules, 1982(in short ‘Rules’) provides for emergency leave only in tranches of 6 days, followed by 3 days each in 3 instalments. However, the leave has been sought on the ground that the son of the convict has suffered a serious injury by virtue of crushing of the hand in a machine. Though the accident took place in October, 2025, he is stated to have undergone a surgery recently.
4. A perusal of impugned order dated 05.03.2026 does not reveal that the authorities disbelieve either the relationship of the convict to the person who has suffered injury nor do they disbelieve the injury itself. The authority has however sought originals of certain records for the purpose of convincing themselves of the nature of the request and whether the same is bona fide. 5. We believe that seeking of original documents may not be really necessary in this case, particularly in view of the fact that the authority does not disbelieve either the injury, the relationship between the person injured and the convict, or the genuineness of the documents produced along with the application.
6. In such circumstances, though we sustain the impugned order to the extent to which it rejects grant of emergency leave of 15 days, we direct the authorities to grant emergency leave of 6 days to the convict without escort, though on the following conditions:
(i) Respondents are directed to release the Convict Prisoner viz., Selvam, S/o Gurusamy, aged 54 years, confined at Central Prison, Coimbatore, on emergency leave for a period of six (6)
days without escort i.e., from 24.04.2026 to 29.04.2026.
(ii) The Convict Prisoner shall be released on 24.04.2026 at
10.00 am and he shall surrender before the Central Prison, Coimbatore on 30.04.2026 before 10.00 a.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Poolampatti Police Station, every alternate day at 10.30 a.m., during the period of leave.
(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. This Writ Petition and the connected Miscellaneous Petition are disposed in the aforesaid terms.
