WP Crl./913/2026 of Sundari Vs The State represented by its, The Superintendent of Prison,

2026:MHC:1528 WP Crl. No. 913 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 913 of 2026 AND WPMP CRL. NO. 303 OF 2026 Sundari W/o.Ramadoss, 3rd Street, Pudukuraipettai, Virudhachalam (TK), Cuddalore - 606 003. ..Petitioner(s) Vs The State represented by its, The Superintendent of Prison, Central Prison, Cuddalore - 607 004. ..Respondent(s) PETITION filed under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order bearing No.2539339/Tha.Ku.2/2026, dated 08.04.2026, passed by the respondent and quash the same and consecutively direct the respondents to grant emergency leave for 6 days without escort to the detenu, Ramadoss S/o.Kaliyaperumal, aged about 56 years, PID No.367968, detained at Central Prison, Cuddalore and pass such further or other order as this Hon’ble Court may deem fit and proper to the circumstances of the case and thus render justice. https://www.mhc.tn.gov.in/judis WP Crl. No. 913 of 2026 __________ Page2 of 6 For Petitioner(s): MR.T.S.Thamizh Murasu For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John O R D E R (Order of the Court was made by Dr.Anita Sumanth J.) Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel accepts notice for the respondent and is fully armed with instructions to enable this Court to take up the matter for final disposal. Hence, by consent of both learned counsel, final orders are passed in this Writ Petition. 2. The petitioner is the wife of Ramadoss, S/o Kaliyaperumal, who was convicted on 24.09.2021 and presently lodged in Central Prison, Cuddalore (convict). The convict has been granted 21 days ordinary leave between 25.10.2024 and 14.11.2024 and from 19.03.2026 to 09.04.2026 as per the orders passed by this Court in W.P.No.30377 of 2024 dated 21.10.2024 and W.P.No.606 of 2026 dated 18.03.2026 respectively. She has now sought emergency leave of 6 days to her husband to attend the marriage of his sister’s son. 3. The request has been rejected on the ground that Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short ‘Rules’) provides for grant https://www.mhc.tn.gov.in/judis WP Crl. No. 913 of 2026 __________ Page3 of 6 of emergency leave only in certain adumbrated circumstances and the marriage of a sister’s son is not one such circumstance. 4. Learned Additional Public Prosecutor fully supports the order of rejection. Learned counsel for the petitioner relies upon an order dated 10.09.2015 passed by this Court in HCP No.2225 of 2015 in a similar set of circumstances. 5. We have heard both learned counsel and perused the material papers. 6. Rule 6 of the Rules provides for grant of emergency leave in the following situations: i) Medical leave for serious illness or for attending death or serious illness of father, mother, wife, husband, son, daughter, full brother or full sister ii) wedding of the prisoner, or son, daughter, full brother or full sister and iii) for delivery outside the prison in the case of female pregnant prisoners. 7. Admittedly, the participation in the wedding of a full sister’s son is not one of the aforesaid circumstance. Hence, we are not persuaded to amplify the ambit of Rule 6 and in such circumstances, we find nothing untoward in the rejection of the petitioner’s plea. https://www.mhc.tn.gov.in/judis WP Crl. No. 913 of 2026 __________ Page4 of 6 8. Having said so, Rule 40 provides for power to exempt any person from all or any of the Rules. The relationship between the convict and the groom being his maternal uncle is not disputed. Hence the plea of the petitioner, premised on that relationship and the attendant cultural ramifications, may be taken into account by the authorities and the plea of the petitioner reviewed. 9. Let this exercise be completed within a day from today and the result intimated to the petitioner and the convict promptly thereafter. If at all the State is inclined to grant leave as sought for, let it be restricted to the period of wedding alone, with adequate measures in place to ensure that escort is provided, at the cost of the State. 10. This Writ Petition and the Connected Miscellaneous petition are dismissed, though with the observations and directions as aforesaid. (A.S.M.,J.) (S.M.,J.) 20-04-2026 Index: Yes/No Speaking order Neutral Citation: Yes SL Note: Registry is directed to issue a copy of this order today. https://www.mhc.tn.gov.in/judis WP Crl. No. 913 of 2026 __________ Page5 of 6 To 1. The Superintendent of Prison, Central Prison, Cuddalore - 607 004. 2. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis WP Crl. No. 913 of 2026 __________ Page6 of 6 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL WP Crl. No. 913 of 2026 AND WPMP CRL. NO. 303 OF 2026 20-04-2026 https://www.mhc.tn.gov.in/judis