G.Amutha v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN G. Amutha ... Petitioner Vs.

1.The State represented by The Home Secretary, St. George Fort, Chennai 600 009.

2. The Additional Director General of Police (Head of the Prisons), C.M.D.A. Towers, Egmore, Chennai 600 008.

3. The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai 600 008.

4. The Superintendent, Central Prison, Puzhal, Chennai.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to grant one month parole to the detenu G. Ganesan, S/o. Govindhar (C.T. No.8569) aged about 52 years, convict confined at Central Prison Puzhal to aid his wife to undergo his ailing wife on the basis of the representation dated 03.02.2024.

For Petitioner :

Mr.S. Conscious Ilango For Respondents :

Mr.E. Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, who is the wife of the convict prisoner, namely G.Ganesan, aged about 52 years, S/o. Govindhan, C.T. No.8569, now confined in the Central Prison, Puzhal, Chennai, has come forward with this writ petition to direct the respondents to consider her representation dated 03.02.2024 to grant one month parole to her husband.

2. The case of the petitioner is that her husband is a convict prisoner, Central Prison, Puzhal, who was convicted and sentenced to undergo five years of imprisonment by the Special Court for POCSO Cases, Chennai, in

Spl. S.C. No.65/2020 and the appeal preferred by the convict in Crl.A.No.562 of 2021 was also dismissed on 01.12.2022. The petitioner is now living with her son in a poor condition and she has been advised by the doctor to undergo immediate surgery for her uterus problem. Hence, she needs her husband's presence for making arrangements for her treatment. According to the petitioner, her husband was detained in Puzhal Prison for the past one year and three months. Hence, On 03.02.2024, she submitted a representation to the respondents requesting them to grant one month parole to her husband. Since the same has not been considered till date, she has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the

petitioner, dated 03.02.2024, to grant one month parole to her husband, and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

5.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 06.03.2024 bga Internet : Yes Index : Yes / No

To 1.The State represented by The Home Secretary, St. George Fort, Chennai 600 009.

2. The Additional Director General of Police (Head of the Prisons), C.M.D.A. Towers, Egmore, Chennai 600 008.

3. The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai 600 008.

4. The Superintendent, Central Prison, Puzhal, Chennai.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 06.03.2024