Undertrial prisoners must seek bail from trial courts to attend funeral ceremonies.

The petitioner sought a writ directing the Superintendent of Madurai Central Prison to grant her husband, S. Raja, an undertrial prisoner in S.C. No. 709 of 2025, thirty days’ emergency leave to attend his deceased father’s funeral.

The petition described the deceased as Raja’s father; the petitioner’s counsel referred to him as her father-in-law.

The State and CBI opposed the request by relying on the applicable prison rules, prior court directions and related circulars.

The writ petition was dismissed, with liberty granted to seek bail from the trial court.

1. Whether the High Court should direct the grant of thirty days’ emergency leave to an undertrial prisoner to attend a close relative’s funeral.

2. Whether the petitioner should instead seek bail or interim bail from the concerned trial court for the requested purpose.

Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982, was relied on for the position that emergency leave under those Rules is unavailable to undertrial prisoners.

The Court also noted the Division Bench decision in W.P. No. 14244 of 2025, dated 18 April 2025, which directed that undertrial prisoners be permitted to attend the burial or funeral of close relatives, as defined by the Rules, without being compelled to obtain interim bail.

The Director General of Prisons and Correctional Services issued a circular dated 18 July 2025 following that decision.

The Court further referred to a Registry circular dated 25 November 2024 stating that undertrial prisoners seeking bail in such special circumstances should approach the concerned trial court or Magistrate, rather than the High Court.

The Court considered the request for emergency leave against Rule 35 and the directions and circulars concerning undertrial prisoners’ attendance at relatives’ funerals.

It also noted the Registry’s direction that applications for bail in special circumstances be made to the trial court.

Rather than grant the requested leave by writ, the Court dismissed the petition and left the petitioner to pursue the available bail remedy before the competent trial court.

It granted the petitioner liberty to apply for bail before the concerned trial court and directed that, if an application is filed, the trial court consider and decide it on its own merits and in accordance with law.