Madras High CourtWP/1244/2022disposed of

V.Amuthavalli v. The Superintendent Of Police

2022-01-28Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA Writ Petition No.1244 of 2022 V.Amuthavalli W/o.Venkat @ Venkatesan ..Petitioner Vs.

1. The Superintendent of Police, Central Prison, Puzhal, Chennai.

2. State represented by The Inspector of Police, K-1 Sembium Police Station, Chennai.

Crime No.502 of 2000 ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing respondents to issue parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is now confined at Central Prison, Puzhal, as convicted accused, for a period of 30 days. For Petitioner :

Mr.S.Gopinath For Respondents:

Mr.R.Muniyapparaj, Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to respondents to grant parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is now confined at Central Prison, Puzhal, as convicted accused, for a period of 30 days. 2.The petitioner is seeking parole for 30 days for her husband Venkat @ Venkatesan, who is a convict prisoner. In the State of Tamil Nadu, pursuant to the judgment of the Full Bench https://hcservices.ecourts.gov.in/hcservices/

of this Court in State represented by the Home Secretary and 4 others v. Yesu1 a convict prisoner can seek leave only under the Tamil Nadu Suspension of Sentence Rules and not parole.

3. It is seen that no application for ordinary leave has been submitted by the convict prisoner in this case. Hence, this Writ Petition is closed with liberty to the convict prisoner or the petitioner, on his behalf, to submit a proper leave application to the authorities seeking ordinary leave and on such application being submitted, the authorities shall dispose of the same expeditiously. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gm To

1. The Superintendent of Police, Central Prison, Puzhal, Chennai.

2. The Inspector of Police, K-1 Sembium Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

Writ Petition No.1244 of 2022 RLD(CO) RGA(10/02/2022) (2011) 5 CTC 353 https://hcservices.ecourts.gov.in/hcservices/