W.P.(MD) No.368 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.368 of 2025 S.Kumar @ Pushpakumar ... Petitioner/ -Vs- State of Tamil Nadu Represented by its, 1.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Deputy Inspector General of Prisons and Correctional Services, Trichirapalli Range, Trichirapalli. 2.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order No.RO TRY / 171/2025-G1 dated 19.03.2025 issued by the 1st respondent and quash the same and consequently direct the respondents to grant ordinary leave for 40 days without escort to the petitioner who is a life https://www.mhc.tn.gov.in/judis W.P.(MD) No.368 of 2025 convict(Convict Prisoner No.18646) confined at Central Prison, Trichirapalli. For Petitioner : Mr.V.Selvakumar For Respondents : Mr.S.Ravi, Additional Public Prosecutor ORDER (Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The order dated 19.03.2025, passed by the first respondent, rejecting the petitioner's request for grant of 40 days ordinary leave, is under challenge in this writ petition. 2. The writ petitioner is the life convict and for attending the serious illness of his mother, he has sought for 40 days ordinary leave to the life convict. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner has exhausted ordinary leave available for six years. Further, the petitioner/convict prisoner had been earlier granted six days emergency leave, during that spell between 10.01.2025 and 17.01.2025 and thereafter from 02.06.2025 to 06.06.2025. Now, the petitioner has exhausted 9 days and six days are available, it can be given in two spells and thereby, the request for grant of 40 days ordinary leave has been rejected. Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.368 of 2025 4.The learned counsel appearing for the petitioner would submit that earlier the convict was granted emergency leave without escort and hence, he prays for without escort. 5.Recording the submission made by the learned Additional Public Prosecutor and considering the purpose for which the leave sought is for, we are inclined to direct the respondents to grant three days emergency leave to the petitioner without escort. 6. Accordingly, the writ petition is disposed of with the following directions: (i) The respondents are directed to grant three days emergency leave to the petitioner namely, S.Kumar @ Pushpakumar, Convict Prisoner No.18646 from 05.07.2025 to 07.07.2025. The convict prisoner shall be released from the prison on 04.07.2025 at 05.30 p.m. (ii) He shall report back to the Superintendent of Prison, Central Prison, Trichy / second respondent, by 08.07.2025 at 10.30 am., (iii) During the leave period, the convict prisoner shall appear https://www.mhc.tn.gov.in/judis W.P.(MD) No.368 of 2025 before the Karambakudi Police Station, Pudukottai District, everyday at 10.30 a.m., without fail. (iv) The petitioner shall produce all necessary documents, along with a copy of this order, before the jail authorities, (v) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. (vi) No costs. 7.List the matter on 09.07.2025 “for reporting compliance”. [A.D.J.C., J.] & [R.P., J.] 02.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 03.07.2025 https://www.mhc.tn.gov.in/judis W.P.(MD) No.368 of 2025 To 1.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Deputy Inspector General of Prisons and Correctional Services, Trichirapalli Range, Trichirapalli. 2.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.368 of 2025 A.D.JAGADISH CHANDIRA , J. AND R.POORNIMA , J. Ns W.P.Crl(MD)No.368 of 2025 02.07.2025 https://www.mhc.tn.gov.in/judis