Maraiya Sumalya Vs the Superintendent of Prison — Writ and Judicial Review | Madras HC (2025)

Maraiya Sumalya Vs the Superintendent of Prison — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Ordinary/emergency leave for 3 days, without escort, to convict Chinnadurai (Convict No.9084), Central Prison, Puzhal, from 10.00 am on 05.02.2025 to 5 pm of 07.02.2025, subject to surrender on expiry, daily reporting by the petitioner at H-1 Washermenpet Police Station at 05.00 p.m., and use of leave restricted to the ground granted.

Issue for consideration

Whether the petitioner's father, convict Chinnadurai (Convict No.9084, Central Prison, Puzhal), should be granted 6 days of emergency leave without escort to perform the death ceremony rituals of his wife scheduled on 05.02.2025 and 06.02.2025.

Court's answer

The reason assigned by the petitioner for grant of leave is true and the convict prisoner is eligible for 6 days of emergency leave; accordingly the Court was inclined to grant emergency leave in exercise of its powers under Article 226.

Ratio / Principle

The detenue Chinnadurai, S/o.Mariyasebastin, aged 60 years, Convict No.9084, confined at Central Prison, Puzhal, was granted ordinary leave for a period of 3 days, without escort, commencing from 10.00 am on 05.02.2025 to 5 pm of 07.02.2025.

Key takeaways

Condition of leave: on expiry of the emergency leave, the detenu shall surrender before the prison authorities.ratio¶32
Condition of leave: during the period of leave, the petitioner shall report before the Inspector of Police, H-1 Washermenpet Police Station, Chennai daily at 05.00 p.m.ratio¶32
Condition of leave: the Convict Prisoner shall utilise the leave only for the ground on which it has been granted and shall not indulge in any other activities.ratio

Detailed headnote1 paragraphs

Madras High Court (M.S. Ramesh and N. Senthilkumar, JJ.) allowed a writ petition under Article 226 of the Constitution of India filed by the daughter of a convict prisoner, Chinnadurai (Convict No.9084, Central Prison, Puzhal), seeking 6 days of emergency leave without escort on the ground that his wife passed away on 27.01.2025 and death ceremony rituals were to be conducted on 05.02.2025 and 06.02.2025. The Additional Public Prosecutor stated that the Probation Officer had recommended leave and the prisoner was eligible for 6 days. Finding the reason true and the prisoner eligible, the Court granted ordinary leave for 3 days, without escort, from 10.00 am on 05.02.2025 to 5 pm of 07.02.2025, directing surrender before the prison authorities on expiry, daily reporting by the petitioner before the Inspector of Police, H-1 Washermenpet Police Station, Chennai at 05.00 p.m., and restricting use of the leave to the ground on which it was granted. Writ petition allowed; no costs.

W.P.No.3850 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.3850 of 2025

Maraiya Sumalya

...Petitioner/daughter of the detenue

Vs.

The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondent to grant 6 days emergency leave, without escort to the petitioner's father namely Chinnadurai, S/o.Mariyasebastin, aged about 60 years, Convict No.9084, Convict Prisoner, Central Prison, Puzhal, Chennai.

For Petitioner : Ms.S.Nadhiya

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

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

Page 1 of 6

W.P.No.3850 of 2025

ORDER

M.S.RAMESH, J. and

N.SENTHILKUMAR, J.

This writ petition has been filed to direct the respondent to grant 6 days emergency leave, without escort to the petitioner's father namely Chinnadurai, S/o.Mariyasebastin, aged about 60 years, Convict No.9084,

Convict Prisoner, Central Prison, Puzhal, Chennai.

Heard the learned counsel on either side and perused the

documents.

The petitioner herein seeks for grant of 6 days of emergency leave for her father, without escort, on the ground that her mother passed away on 27.01.2025 and the death ceremony rituals are going to be conducted on 05.02.2025 and 06.02.2025, for which the presence of the petitioner's father is required to perform the rituals and to make arrangements for the same.

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

Page 2 of 6

W.P.No.3850 of 2025

4.The learned Additional Public Prosecutor, on instructions,

submitted that the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true. He would submit that the prisoner is eligible for 6 days of emergency leave.

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 3 days in exercise of our powers under Article 226 of the Constitution of India.

Accordingly, the detenue viz., Chinnadurai, S/o.Mariyasebastin, aged 60 years, bearing Convict No.9084, confined at Central Prison, Puzhal, is hereby granted ordinary leave for a period of 3 days, without escort, commencing from 10.00 am on 05.02.2025 to 5 pm of 07.02.2025. On expiry of the emergency leave, the detenu shall surrender before the prison authorities. During the period of leave, the petitioner shall report before the Inspector of Police, H-1 Washermenpet Police Station, Chennai daily at 05.00 p.m. The Convict Prisoner shall utilize

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

Page 3 of 6

W.P.No.3850 of 2025

the leave only for the ground on which it has been granted and shall not

indulge in any other activities.

Accordingly, the Writ Petition stands allowed. No costs.

[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

Note: Issue Order Copy on 04.02.2024 Upload the order copy forthwith

To

1.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

2.The Inspector of Police, H-1 Washermenpet Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

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

Page 4 of 6

W.P.No.3850 of 2025

https://www.mhc.tn.gov.in/judis Page 5 of 6

W.P.No.3850 of 2025

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

Anu

W.P.No.3850 of 2025

04.02.2025

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