Nagammal v. The Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Nagammal

...Petitioner/ mother of the detenue

Vs.

1.The Union Territory of Puducherry rep. by the Chief Superintendent of Jails, Puducherry.

2.The Inspector of Police, Mudaliarpet Police Station, Puducherry.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to consider and dispose of the representation dated 24.01.2025 and grant parole for 21 days, without escort to the petitioner's son namely Sankar @ Jaisankar, S/o.Mani, bearing Convict/Prisoner No.3135, confined at Central Jail, Kalapet, Puducherry. For Petitioner : Mr.V.S.Senthilkumar For Respondents : Mr.K.S.Mohandass Public Prosecutor, Puducherry

ORDER

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

This writ petition has been filed to direct the first respondent to consider and dispose of the representation dated 24.01.2025 and grant parole for 21 days, without escort to the petitioner's son namely Sankar @ Jaisankar, S/o.Mani, bearing Convict/Prisoner No.3135, confined at Central Jail, Kalapet, Puducherry.

2. Heard the learned counsel on either side and perused the documents.

3. The petitioner herein seeks for grant of 21 days of leave for her son, without escort, on the ground that the marriage of the detenu's daughter is scheduled to be held on 09.03.2025 at Puducherry, for which she requires the presence of the prisoner to make arrangements for the same.

4.The learned Additional Public Prosecutor produced a copy of the

Probation Officer's report dated 13.02.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true. He would submit that the prisoner is eligible for 12 days of leave.

5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 12 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Sankar @ Jaisankar, S/o.Mani, bearing Convict/Prisoner No.3135, confined at Central Jail, Kalapet, Puducherry, is hereby granted leave for a period of 12 days, without escort, commencing from 10.00 am on 01.03.2025 to 5 pm of 12.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Mudhaliyarpet Police Station, Puducherry, daily at 05.00 p.m except on 09.02.2025 and 10.02.2025. The Convict

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

7. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [N.S., J] 18.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 28.02.2025 Upload the order copy forthwith To

1. The Chief Superintendent of Jails, Puducherry.

2.The Inspector of Police, Mudaliarpet Police Station, Puducherry.

3.The Public Prosecutor, High Court, Madras.