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Madras High CourtWP/21450/2017disposed of

V.Penchilaiya v. The Home Secretary

2017-08-24Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.08.2017

CORAM

The Hon'ble Mr.Justice M.S.RAMESH Writ Petition No.21450 of 2017 V.Penchilaiya

...Petitioner

Vs.

1.The Home Secretary Home Department (Prison) St. George Fort, Secretariat, Chennai-9.

2.The Additional Director General of Police Department of Prisons Gandhi-Irwin Road, Egmore, Chennai-8.

3.The Superintendent of Police Central Prison-I Puzhal, Chennai-66.

...Respondents

Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to grant parole for the period of 4 weeks to the petitioner, convict No.5761, now confined at Central Prison-I, Puzhal, Chennai-66 by appreciating the above stated facts and circumstances of the case.

For Petitioner : Mr.S.Nambirajan For Respondents: Mr.D.Vairamoorthy Special Government Pleader

O R D E R

The petitioner requests for grant of parole for a period of four weeks, which is strongly opposed by the learned Special Government Pleader on the ground that the petitioner is not eligible for such parole, since he has completed only 11 months and 7 days of imprisonment as on 22.08.2017.

2. The reason for which the petitioner is seeking for parole is that his daughter Dr.P.Venkatalakshmi, is getting married on 27.08.2017 and she is also receiving the Shri. Sasi Menon & Smt. Aparna Sasi Menon endowment prize, which is a gold medal in the https://hcservices.ecourts.gov.in/hcservices/

field of Psychiatry Medicine. The petitioner has also produced records to establish that his daughter is getting married on 27.08.2017 and that her price distributing ceremony is scheduled to be held on 05.09.2017.

3. Though the petitioner has sought for parole for 4 weeks, I am of the view that the ends of the justice would be met if a sympathetic approach is made and the petitioner is granted 3 days parole, viz., 2 days for her daughter's marriage i.e. on 26.08.2017 and 27.08.2017 and 1 day on 05.09.2017 on which date the petitioner's daughter is receiving gold medal. Accordingly, the 3rd respondent is directed to release the petitioner on parole on 26.08.2017, 27.08.2017 and 05.09.2017. The expenses for security escort accompanying the petitioner, shall be borne by the petitioner. On completion of the parole period, the petitioner shall surrender before the 3rd respondent before 12 noon of 28.08.2017 and 06.09.2017 respectively.

4. With the above observation and direction, the Writ Petition stands disposed of. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Home Secretary Home Department (Prison) St. George Fort, Secretariat, Chennai-9.

2.The Additional Director General of Police Department of Prisons Gandhi-Irwin Road, Egmore, Chennai-8.

3.The Superintendent of Police Central Prison-I Puzhal, Chennai-66.

W.P.No. 21450 of 2017 NR 24/08/2017 https://hcservices.ecourts.gov.in/hcservices/