Madras High Court
Dhavamani Tamilvel vs The Director General Of Police on 25 November, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.Crl.No.1441 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
AND
THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN
W.P.Crl.No.1441 of 2025
Dhavamani Tamilvel ... Petitioner
Vs.
1.The Director General of Police,
Inspector General of Police,
Prisons and Correctional Service,
Egmore, Chennai – 600 008.
2.The Superintendent of Prison,
Central Prison,
Tiruchirapalli, Tamil Nadu. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus to direct the respondents to grant
emergency leave for 10 days for petitioner’s husband namely Tamilvel,
Page 1 of 8
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W.P.Crl.No.1441 of 2025
Convict Prisoner – PID No.534913, Central Prison, Trichy.
For Petitioner : Ms.M.Kruthika
For R1 and R2 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
(Order of the Court was made by N. SATHISH KUMAR, J.)
This writ petition has been filed seeking a direction to the respondents
to grant Emergency Leave for 10 days to the petitioner’s husband namely
Tamilvel, Convict Prisoner – PID No.534913, confined at Central Prison,
Trichy.
2.This Bench, in a recent judgment in Sheefa Rani v. The Secretary
to Government of Tamil Nadu, Home Department, Secretariat, Chennai
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[W.P.(Crl.) Nos.722, 1244, 1167 & 1321 of 2025, dated 19.11.2025], has
passed the following order :
“31.Therefore, in the above judgment, the Full Bench in
Yesu's case has taken a view that, suspension of sentence
cannot be granted to a prisoner outside the scope of
Suspension of Sentence Rules. Therefore, the judgment of the
later Full Bench in T.Ramalakshmi's case that the Government
can grant leave by exempting the Rules, is otherwise prohibited
by Yesu's case. Since the later Full Bench decision in
T.Ramalakshmi's case is contrary to the earlier Full Bench
decision in Yesu's case and is also running counter to the
principle laid down by the Constitution Bench of the Hon'ble
Supreme Court in Nanavati's case, we are of the view that the
issue with regard to the grant of leave under Suspension of
Sentence Rules, while exercising the power under Article 226 of
the Constitution of India, in pending appeal cases, has to be
authoritatively decided by a larger Bench since there are two
contrary views of Full Benches of this Court.
...
33.Therefore, Registry is directed to place the matter
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before the Hon'ble Chief Justice with a request to constitute a
larger Bench to consider the conflict between the decisions of
two Full Benches of this Court in State v. Yesu reported in
(2011) 5 CTC 353 and T.Ramalakshmi v. State and others
reported in (2025) 1 LW (Crl.) 310 and to consider the
following questions of law :
i.Whether leave under Tamil Nadu Suspension of Sentence
Rules, 1982, can be granted to a prisoner under Article
226 of the Constitution of India, when his appeal against
conviction is pending either before the Hon'ble Supreme
Court or this Court ?
ii.Whether the power to exempt under Rule 40 of the Tamil
Nadu Suspension of Sentence Rules, 1982 can be exercised
by the State to grant leave to a prisoner outside the scope
of the said Rules when his appeal against conviction is
pending before the Hon'ble Supreme Court or this Court in
the light of the decision of the Constitution Bench of the
Hon'ble Supreme Court in K.M.Nanavati v. State of
Bombay reported in AIR 1961 SC 112 ?
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34.Till such reference is made and answered, Registry is
directed not to entertain any application for grant of
emergency leave or ordinary leave under Tamil Nadu
Suspension of Sentence Rules, 1982, particularly when
appeal is pending either before this Court or Supreme Court.”
(emphasis supplied)
3.It is stated in the affidavit filed in support of this petition that an
appeal is pending in Crl.A.No.1010 of 2023 before this Court. When the
issue with regard to grant of emergency or ordinary leave under Tamil Nadu
Suspension of Sentence Rules, 1982, to a prisoner under Article 226 of the
Constitution of India, when his appeal against conviction is pending either
before the Hon'ble Supreme Court or this Court, has been referred to the
larger Bench, this Court is not inclined to grant the relief prayed for by the
petitioner. At the most, the convict/appellant can only move an application
for suspension of sentence before this Court. With this liberty, this writ
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petition is disposed of. No costs.
(N.S.K., J.) (M.J.R., J.)
25.11.2025
mkn
Internet : Yes
Index : Yes / No
Speaking Order / Nonspeaking order
Neutral Citation : Yes / No
To
1.The Director General of Police,
Inspector General of Police,
Prisons and Correctional Service,
Egmore, Chennai – 600 008.
2.The Superintendent of Prison,
Central Prison,
Tiruchirapalli, Tamil Nadu.
3.The Public Prosecutor,
High Court, Madras.
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N. SATHISH KUMAR, J.
and
M. JOTHIRAMAN, J.
mkn
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25.11.2025
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