Madras High Court
Hemavathi vs The State Rep. By Its on 8 October, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P.(Crl.) No.615 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(Crl.) No.615 of 2025
and
W.P.M.P.(Crl.)No.287 of 2025
Hemavathi,
D/o Narayanan ... Petitioner
-vs-
The State rep. by its
1. The Secretary to Government of Tamil Nadu,
Depatment of Home,
Fort St.George,
Chennai - 600 009.
2. The Deputy Inspector General of Prison,
Puzhal Range,
Puzhal - 600 066
3. The Superintendent,
Central Prison Puzhal,
Puzhal - 600 066. ... 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 letter dated 21.07.2025 passed by the
1/5
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W.P.(Crl.) No.615 of 2025
3rd respondent and quash the same and consequently, direct the 2nd
respondent to grant emergency leave for 15 days without escort to the
detenu, Abishek S/o Narayanan aged about 28 years, convict prisoner,
bearing Convict No.7942, confined at Central Prison, Puzhal.
For Petitioner : Mr.P.Bakiyaraj
For Respondent : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
ORDER
(The order of the Court was made by J.Nisha Banu,J.)
This Writ Petition has been filed, challenging the order dated
21.07.2025 passed by the 3rd respondent, whereby the representation of the
petitioner, seeking to grant leave to her son / Convict Prisoner, was
rejected.
2. It is the case of the petitioner that she is the mother of the
Life Convict, namely, Abishek, S/o Narayanan, aged 28 years, Convict
No.7942 and her son has been undergoing life imprisonment in connection
with the judgment dated 03.02.2020 passed in S.C.No.407 of 2018 on the
file of the Court of Sessions Special Court for Exclusive Trial Cases under
POCSO Act at Chennai. The representation dated 14.07.2025 given by the
petitioner for grant of 15 days emergency leave to her son was rejected by
the respondent vide order impugned herein. It is the further case of the
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petitioner that her husband died on 11.07.2025 due to paralyze attack and
her son has to do the last rituals to his father and hence, his presence is
necessary. The petitioner would further state that her son is in prison for
more than six years.
3. Learned Additional Public Prosecutor has stated that the
petitioner's son is inside prison for the past 7 years. The convict availed
leave only in the month of January,2025 i.e., from 11.01.2025 to
31.01.2025 and therefore, he objected for grant of leave.
4. Considering the fact that the convict is inside prison for
more than 7 years and that he has to do the last rituals to his father, we are
inclined to grant leave for a period six days without escort to the Convict.
5. Accordingly, we direct the respondent to grant ordinary
leave to the petitioner's son / Life Convict, namely, Abishek, S/o Narayanan
aged about 28 years, Convict No.7942, confined in the Central Prison,
Puzhal, for a period of six 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
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Police i.e. K2 Ayanavaram Police Station, daily at 10.00 a.m. The convict
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.,)
08.10.2025
vsi
Note: Issue order copy on 09.10.2025
To
1. The Secretary to Government of Tamil Nadu,
Depatment of Home,
Fort St.George,
Chennai - 600 009.
2. The Deputy Inspector General of Prison,
Puzhal Range,
Puzhal - 600 066
3. The Superintendent,
Central Prison Puzhal,
Puzhal - 600 066.
4. The Public Prosecutor, High Court,
Chennai.
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J.NISHA BANU, J.
AND
S.SOUNTHAR, J.
vsi
08.10.2025
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