S.Hema Vs the Secretarythe Secretary to Government — Writ and Judicial Review | Madras HC (2025)

S.Hema Vs the Secretarythe Secretary to Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed on the stated terms and no costs: the 3rd respondent's rejection order dated 24.12.2024 was set aside and the prisoner Sharmamoorthi (Convict No.4701, PID No.271542), son of the petitioner confined at Vellore Central Prison, was granted six days emergency leave with escort commencing 23.01.2025 10:30 A.M., with surrender due before the Superintendent of Prisons by 5:30 P.M. on 28.01.2025 (shorter than the one-month parole leave prayed for in the petition).

Issue for consideration

Whether the impugned order dated 24.12.2024 rejecting the prisoner's leave application (for want of completion of the minimum period of imprisonment under the Tamil Nadu Suspension of Sentence Rules) should be quashed and emergency/parole leave granted, given that the prisoner's wife delivered a baby on 11.01.2025.

Court's answer

The impugned order passed by the 3rd respondent dated 24.12.2024 is set aside.

Ratio / Principle

The prisoner, Sharmamoorthi, S/o Parthiban, bearing Convict No.4701 (PID No.271542), is granted six days emergency leave with escort.

Key takeaways

The leave shall commence from 23.01.2025 at 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M. on 28.01.2025.ratio¶37

Detailed headnote1 paragraphs

Writ petition (Madras High Court, W.P.No.657 of 2025, decided 20.01.2025, S.M. Subramaniam and M. Jothiraman, JJ.) brought under Article 226 seeking Certiorarified Mandamus against the Superintendent of Prisons, Vellore Central Prison, who had rejected the prisoner's leave application on 24.12.2024 (letter No.E.595714.Tha.Ku.3/2024) on the ground that he had not completed the minimum period of imprisonment required under the Tamil Nadu Suspension of Sentence Rules. Counsel contended the prisoner's wife had delivered a baby on 11.01.2025, and the Additional Public Prosecutor produced a Probation Officer's report confirming this. Setting aside the impugned order, the Court granted the prisoner (Sharmamoorthi, S/o Parthiban, Convict No.4701, PID No.271542) six days emergency leave with escort from 23.01.2025 10:30 A.M., requiring surrender before the Superintendent by 5:30 P.M. on 28.01.2025; petition allowed, no costs.

W.P.No.657 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2025

CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

W.P.No.657 of 2025

S.Hema

.. Petitioner

v.

The Secretary to Government Home Department Secretariat, Fort St.George Chennai 600 009

The Additional Director General of Police and Inspector General of Prisons Whannels Road

Egmore, Chennai 600 008

The Superintendent of Prisons Vellore Central Prison Vellore, Tamil Nadu

.. Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in letter No.E.595714.Tha.Ku.3/2024 on 24.12.2024 by the 3^rd respondent and quash the same, consequently direct the respondents to grant parole leave for a period of one month to

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W.P.No.657 of 2025

petitioner's son confined at Vellore Central Prison.

For Petitioner :: Mr.R.Balasubramanian For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.)

The rejection of leave application in proceeding dated 24.12.2024 is

sought to be assailed in the present writ petition. The Superintendent of Prison rejected the leave application on the ground that the prisoner is not eligible to avail the leave under the Tamil Nadu Suspension of Sentence Rules, since he has not completed the minimum period of imprisonment as contemplated under the Rules.

The learned counsel for petitioner would submit that during the relevant point of time when the application was filed, the wife of the prisoner was pregnant. Now she has delivered a baby on 11.01.2025. Therefore, the authorities ought to have considered the leave application submitted by the prisoner.

The learned Additional Public Prosecutor submitted a copy of the

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W.P.No.657 of 2025

Probation Officer's report. The Probation Officer, during the course of

enquiry, found that the reason stated by the petitioner is correct. A baby is

born on 11.01.2025 to the prisoner's wife. Taking note of the above facts, we

are inclined to consider the present writ petition and pass the following order:-

(i) The impugned order passed by the 3^rd respondent dated 24.12.2024 is set aside.

(ii)The prisoner, namely, Sharmamoorthi, S/o Parthiban, bearing Convict No.4701 (PID No.271542), is granted six days emergency leave with escort.

(iii)The leave shall commence from 23.01.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 28.01.2025.

The writ petition stands allowed on the above terms. No costs.

Index : yes (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 20.01.2025

ss

To

The Secretary to Government

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W.P.No.657 of 2025

Home Department Secretariat, Fort St.George Chennai 600 009

The Additional Director General of Police and Inspector General of Prisons Whannels Road Egmore, Chennai 600 008

The Superintendent of Prisons Vellore Central Prison Vellore, Tamil Nadu

The Public Prosecutor High Court, Madras

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W.P.No.657 of 2025

S.M.SUBRAMANIAM,J. AND M.JOTHIRAMAN,J.

ss

W.P.No.657 of 2025

20.01.2025

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