The Madras High Court granted three days of emergency leave to a convict prisoner to attend the funeral of his blood brother, without escort, as the sentence qua convict prisoner had already been suspended and had already been granted bail.

A Division Bench of Justice M. Sundar and Justice R. Sakthivel observed that “In the case on hand, owing to the aforementioned strange situation, we deem it appropriate to grant 3 days emergency leave without escort as sentence qua convict prisoner has already been suspended and convict prisoner has already been granted bail. In this view of the matter, we make it clear that this order will not serve as a precedent in all the cases of emergency leave.”

Advocate R. Sankarababu appeared for the Petitioner, whereas Additional Public Prosecutor E. Raj Thilak appeared for the Respondent.

In the present case, the petitioner sought a direction to the Superintendent of Central Prison Puzhal-1, Chennai to grant three days of emergency leave to the lifer Saravanan, son of A. Dhamodaran by considering the representation of the petitioner. The direction was sought since Saravanam, the convict prisoner's blood brother had died and he was required to attend the funeral. The background for the conviction was that the convicted prisoner had assaulted his paramour with a knife who was married to someone else resulting in a fight between the two.

After considering the submission, the Bench observed that if the convicted prisoner complies with the conditions adumbrated in paragraph No.10 of the suspension of sentence/bail order in the interregnum i.e., in these 3 days, he will be entitled to the benefit of bail.

If that not be so, the Bench clarified that the convicted prisoner should surrender before the concerned jail authorities where he is now incarcerated by dusk on 28.06.2023 i.e., by 5.30 p.m.

“Though obvious, thereafter, it is open to the convicted prisoner to comply with conditions for being enlarged on bail. If the conditions have complied, though obvious, it is made clear that he will stand governed by order dated 15.06.2023”, added the Bench.

The High Court, therefore, requested the prosecutor to communicate this order to the concerned prison authorities forthwith (without waiting for uploading or issue of a certified copy of this order) to ensure that the convicted prisoner was able to attend the funeral forthwith.

Even though the victim herself did not support the case of the prosecution in fear that she would be repeatedly called to Court to testify which would affect her after her married life, the Bench stated that prima facie there was a bright possibility of conviction and sentence of Trial Court being interfered with.

Thus, the convicted prisoner was granted suspension of sentence and bail, subject to a few conditions as undermentioned:

"1. The petitioner shall deposit the fine amount in the trial Court if not already deposited;

2. The petitioner shall execute bonds of Rs.25,000/- with two sureties of whom one should be a blood relative (each for a like sum) to the satisfaction of XIV Metropolitan Magistrate, Egmore;

3. The petitioner shall stay in Villupuram District and the petitioner shall not move out of Villupuram District without leave of the Mahila Court;

4. The petitioner shall report before the learned Sessions Judge, Mahila Court, Villupuram District on the first working day of every week at 10.30 a.m pending disposal of the appeal; and

5. The petitioner shall not enter the area where the victim is residing and/or working."

Cause Title: A. Dhamodaran v. Superintendent of Central Prison Puzhal-1

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Madras High CourtJustice M. SundarJustice R.Sakthivel

Pankaj Bajpai