M.Latha v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.7961 of 2021 M.Latha, W/o.Murugesan ...

Petitioner / Wife of the detenue versus 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Additional Director (General), Prison Department, CMDA Tower, 3.The Deputy Inspector General, Central Prison, Wannels Road, 4.The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

5.The Inspector of Police, Vellimedupettai Police Station, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents to grant parole for the petitioner's husband V.Murugesan, son of Venkatachalam, aged about 50 years, 7 years, rigorous imprisonment convict prisoner No.16937/2021, now confined in the Central Prison, Cuddalore, on the basis of the petitioner's representation dated 16.03.2021.

For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.R.Prathap Kumar 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 the respondents to grant parole to the petitioner's husband viz. V.Murugesan (Convict Prisoner No.16937/2021), who is detained in Central Prison, Cuddalore.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that V.Murugesan (Convict Prisoner No.16937/2021) has been convicted by the trial Court in S.C.No.320 of 2016 on 04.03.2021. He has got a right of appeal and also can seek suspension of sentence and bail in the High Court. Therefore, the present petition for leave under Tamil Nadu Suspension of Sentence Rules, 1982, is not maintainable.

4. Accordingly, this Writ Petition stands dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Additional Director (General), Prison Department, CMDA Tower,

3.The Deputy Inspector General, Central Prison, Wannels Road, 4.The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

5.The Inspector of Police, Vellimedupettai Police Station, Villupuram District.

6.The Public Prosecutor, High Court, Madras.

W.P.No.7961 of 2021 ssn[co] srg 11/06/2021