Santhiya Vs The State of Tamilnadu

Prayer: This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent in No.2616/Tha.Ku.2/2025 dated 03.07.205 and quash the same and consequently directing the 2nd and 3rd respondents to grant 15 days emergency leave without escort to the petitioner's husband namely, Dharmapandi, son of Jeyaraman,convict prisoner(C.P.No.2523).

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For Petitioner : Mr.S.Srikanth

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For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)

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Prayer in this writ petition is to direct the respondents to grant 15 days emergency leave without escort to the convict namely, Dharmapandi, son of Jeyaraman, convict prisoner(C.P.No.2523), who is detained at Central Prison, Madurai.

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The writ petitioner is the wife of the life convict and she has sought for fifteen (15) days emergency leave to the convict through her representation dated 23.06.2025 to attend the ear piercing ceremony of the petitioner's daughter

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

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W.P.Crl(MD) No.470 of 2025

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namely, Avanthika, aged 1½ years old, scheduled to be held on 13.07.2024 at Kalappanpatti Amman Mahal, Kalappanpatti and the same was rejected. Hence, this petition.

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The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner's husband has been convicted in two cases filed under NDPS Act and thereby the authorities rejected the representation of the petitioner.

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Though the respondents rejected the petitioner's representation contending that the convict prisoner has been convicted in two cases under NDPS Act that will not denude the powers of this Court to relax such rules in suitable case.

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In this case, the convict is the father of the child aged 1 ½ years old. Though Rule 6 of the Suspension of Sentence Rule does not specify the ear piercing ceremony as a ground for grant of emergency leave, taking into sympathetic and humanitarian consideration, this Court is inclined to direct the third respondent to grant emergency leave to the convict prisoner as it is an important ritual for his daughter.

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

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W.P.Crl(MD) No.470 of 2025

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6. Accordingly, the writ petition is disposed of with the following

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directions:

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(i) The respondents are directed to grant only one day(13.07.2025) emergency leave to the petitioner's husband, namely, Dharmapandi, son of Jeyaraman, convict prisoner(C.P.No.2523).

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(ii) The convict prisoner shall be released from the Central Prison, Madurai, on 13.07.2025 at 10.00 a.m. and he shall report back to the Superintendent of Prison, Central Prison, Madurai / third respondent, by 13.07.2025 at 5.00 p.m.,

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(iii) Necessary escort shall be provided to accompany the convict prisoner.

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(iv) The escort charges shall be borne by the petitioner and if necessary, the same shall be adjusted from the income earned by the convict prisoner during the imprisonment period.

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