Citation : 2025 Latest Caselaw 7596 Mad
Judgement Date : 7 October, 2025
W.P.(Crl.) No.780 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(Crl.) No.780 of 2025
and
W.P.M.P.(Crl.)No.351 of 2025
Nandhini,
D/o Karuppasamy ... Petitioner
-vs-
The State rep. by is
The Superintendent of Prison,
Central Prison at Coimbatore,
Gandhipuram, Coimbatore - 641 012. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned order in No.781/Tha.Ku.3/2025 dated
19.08.2025 passed by the respondent and quash the same and direct the
respondent to grant 10 days leave without escort to the petitioner's
grandfather/convict namely, Rangan @ Chinnathambi, S/o Sadaiyan
(PID.No.21311).
For Petitioner : Mr.M.Mohamed Saifulla
For Respondent : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
1/5
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W.P.(Crl.) No.780 of 2025
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed, challenging the order dated
19.08.2025 passed by the respondent in No.781/Tha.Ku.3/2025, whereby
the representation of the petitioner, seeking grant of leave to his grandfather
/ Convict Prisoner, was rejected.
2. It is the case of the petitioner that she is the grand daughter
of the Life Convict, namely, Rangan @ Chinnathambi, S/o.Sadaiyan, aged
73 years, PID No.21311 and her grandfather has been undergoing life
imprisonment in connection with the judgment passed in S.C.No.180 of
2009 on the file of the II Additional District and Sessions Judge, Tiruppur.
The representation dated 15.03.2025 given by the petitioner for grant of 10
days emergency leave to her grandfather was rejected by the respondent
vide order impugned herein. It is the further case of the petitioner that her
father died on 29.10.2024 owning to health ailments. She and her
grandmother could not make arrangement for their livelihood. Her
grandmother/wife of the convict is also suffering from various health issues.
Therefore, the presence of the grandfather/convict is very much necessary to
arrange funds to take care of his ailing wife and to arrange funds to manage
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the day today expenses of their family. She would further state that her
grandfather is in prison for more than nine years.
3. Learned Additional Public Prosecutor has stated that the
petitioner's grandfather is inside prison for the past 10 years. He had availed
6 days leave from 13.11.2024 to 18.11.2024 and only in the month of
February, he availed 28 days leave from 22.01.2025 to 18.02.2025 and
therefore, he objected for grant of leave.
4. Considering the fact that the convict is inside prison for more
than 10 years and that he has to arrange funds for treatment of his ailing
wife, we are inclined to grant leave for a period 6 days without escort to the
Convict.
5. Accordingly, we direct the respondent to grant ordinary
leave to the petitioner's grandfather / Life Convict, namely, Rangan @
Chinnathambi, S/o Sadaiyan, PID No.21311, confined in the Central Prison,
Coimbatore, for a period of 6 days from 10.10.2025 to 16.10.2025 (by
excluding the day on which the Convict is released from the prison) without
escort, subject to the usual / other conditions that may be imposed by the
respondents. The life convict shall report before the jurisdictional Police i.e.
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Varapalayam Police Station, daily at 10.00 a.m. The Convict shall be
released from the prison at 10.00 a.m. on 10.10.2025 and he shall return
back to the prison on or before 05.00 p.m. on 16.10.2025.
6. This Writ Petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B.J.,) (S.S,J.,)
07.10.2025
vsi
Note: Issue order copy on 09.10.2025
To
1. The Superintendent of Prison,
Central prison at Coimbatore,
Gandhipuram, Coimbatore - 641 012.
2. The Public Prosecutor,
High Court, Chennai.
J.NISHA BANU, J.
AND
S.SOUNTHAR, J.
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vsi
07.10.2025
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