Chandra Vs the State Represented by Its — Writ and Judicial Review | Madras HC (2025)

Chandra Vs the State Represented by Its — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Emergency leave of 6 days with minimum escort (two police constables) granted to the detenue Paraman @ Paramashivan (Convict No.20511, PID No.43198), confined at Central Prison, Coimbatore; release at 10.00 a.m. on 07.02.2025 and return to prison at 7.00 p.m. on 12.02.2025; connected miscellaneous petition (W.M.P.No.1552 of 2025) closed.

Issue for consideration

Whether the detenue Paraman @ Paramashivan (Convict No.20511, PID No.43198), son of the petitioner, confined in Central Prison, Coimbatore, is entitled to 15 days of emergency leave without escort, on the ground that the petitioner, aged about 60 years with medical ailments, requires her son to arrange someone to take care of her and to make arrangements for her medical expenses. +1 more

Court's answer

The Court accepted as true the reason assigned by the petitioner for grant of leave and took into account that the convict prisoner was otherwise eligible for 6 days of emergency leave.

Ratio / Principle

In exercise of its powers under Article 226 of the Constitution of India, the Court granted the detenue emergency leave for a period of 6 days with minimum escort, instead of the 15 days without escort prayed for.

Key takeaways

The leave was granted on terms: the prisoner to be released from prison at 10.00 a.m. on 07.02.2025 and to return to the prison at 7.00 p.m. on 12.02.2025; the second respondent directed to provide a minimum escort of two police constables from the time he leaves the prison until he is taken back.ratio¶41

Detailed headnote1 paragraphs

Writ Petition (Madras High Court, M.S. Ramesh and N. Senthilkumar, JJ., 04.02.2025, W.P.No.1302 of 2025) under Article 226 of the Constitution of India by the 60-year-old mother of convict Paraman @ Paramashivan (Convict No.20511, PID No.43198), confined in Central Prison, Coimbatore, praying for quashing of the impugned order No.18338/Tha.Ku.3/2024 dated 08.12.2024 passed by the Superintendent and for 15 days of emergency leave without escort, on the ground that she has medical ailments and requires her son to arrange her care and medical expenses. The Additional Public Prosecutor produced a Probation Officer's report dated 15.10.2024 recommending leave as the petitioner's reason was true; however, the law enforcing agency did not recommend leave citing a life threat to the prisoner, conceding eligibility for 6 days of emergency leave with minimum escort. Finding the petitioner's reason true and the prisoner eligible for 6 days, the Division Bench granted emergency leave for 6 days with minimum escort of two police constables: release at 10.00 a.m. on 07.02.2025 and return to prison at 7.00 p.m. on 12.02.2025. The writ petition was allowed and the connected miscellaneous petition closed.

W.P.No.1302 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

W.P.No.1302 of 2025 and W.M.P.No.1552 of 2025

Chandra

...Petitioner/Mother of the detenue

Vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

2.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018 ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.18338/Tha.Ku.3/2024, dated 08.12.2024, passed by the second respondent and quash the same and consequently, direct the respondents to grant 15 days of emergency leave without escort to the detenue, Paraman @ Paramashivan, S/o.Shivan, aged about 32 years, bearing Convict No.20511 and PID No.43198 confined at Central Prison,

https://www.mhc.tn.gov.in/judis

Page 1 of 6

W.P.No.1302 of 2025

Coimbatore.

For Petitioner : Mr.M.Ezhilarasu

For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J.

This writ petition has been filed to direct the respondents to grant 15 days emergency leave, without escort to the petitioner's son namely Paraman @ Paramashivan, S/o.Shivan, aged about 32 years, bearing Convict No.20511 and PID No.43198 confined at Central Prison, Coimbatore.

Heard the learned counsel on either side and perused the

documents.

The petitioner herein seeks for grant of 15 days of emergency

leave for her son, without escort, on the ground that the petitioner is 60

https://www.mhc.tn.gov.in/judis

Page 2 of 6

W.P.No.1302 of 2025

years old and she has certain medical ailments and she requires her son/detenue to arrange someone to take care of her and to make arrangements for her medical expenses.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 15.10.2024, in which the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true. However, the law enforcing agency have not recommended for grant of leave as there was a life threat for the convict prisoner. He would submit that the prisoner is otherwise eligible for 6 days of emergency leave, with minimum escort.

Considering that the reason assigned by the petitioner for grant of leave is true and that the convict prisoner is eligible for 6 days of emergency leave, we are inclined to grant emergency leave for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India.

Accordingly, the petitioner's son /convict prisoner i.e., Paraman

https://www.mhc.tn.gov.in/judis

Page 3 of 6

W.P.No.1302 of 2025

@ Paramashivan, S/o.Shivan, aged about 32 years, bearing Convict No.20511 and PID No.43198 confined at Central Prison, Coimbatore, is

permitted to avail Emergency Leave for a period of 6 days with minimum escort. Hence, the leave is granted on the following terms.

(i) The convict prisoner viz., Paraman @ Paramashivan, S/o.Shivan, aged about 32 years, bearing Convict No.20511 and PID No.43198, shall be released from the prison at 10.00 a.m., on 07.02.2025;

(ii) The convict prisoner shall return back to the prison at 7.00 p.m., on 12.02.2025.

(iii)The second respondent is directed to provide minimum escort of two police constables to the convict from the Central Prison from the time he leaves the prison and till such time he is taken back to the prison.

The writ petition stands allowed. Consequently, connected

miscellaneous petitioner is closed.

[M.S.R., J] [N.S., J]

04.02.2025

Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No Anu

https://www.mhc.tn.gov.in/judis

Page 4 of 6

W.P.No.1302 of 2025

Note: Issue Order Copy on 06.02.2025 Upload the order copy forthwith

To

1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

2.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

Page 5 of 6

W.P.No.1302 of 2025

M.S.RAMESH, J. and N.SENTHILKUMAR, J.

Anu

W.P.No.1302 of 2025 and W.M.P.No.1552 of 2025

04.02.2025

https://www.mhc.tn.gov.in/judis Page 6 of 6