Madras High CourtWP/12362/2017granted

A.Aruna, v. The Commissioner Of Police,

2017-05-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2017

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.12362 of 2017 A.Aruna ... Petitioner Vs.

1.The Commissioner of Police, Chennai City, Veperi, Chennai-600 007.

2.The Superintendent of Prison, Central Prison-1, Puzhal, Chenai-600 066. ... Respondents This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to provide escort enabling the petitioner's husband Mr.Somu alias Somasundaram, S/o. Subramani, Ct.No.571 now confined in Central Prison-I, Puzhal, Chennai-600 006, to avail of six days emergency leave already granted by second respondent to him.

For Petitioner :

Mr.Sankarasubbu for Mr.P.Pugalenthi For Respondents:

Mr.K.Balamurugan Government Advocate

O R D E R

The petitioner's husband is a life convict. He has been confined in Central Prison-1, Puzhal and he has filed an application seeking parole for a period of six days. The Superintendent of Police, Central Prison-I, Puzhal, pass an order dated 09.05.2017, No.5629/Ta.Ku.2/2017, granting leave for a period of six days and directed the Deputy Commissioner of Police, to give adequate escort for the said leave period. Despite the same, the first respondent police is not giving any escort to the petitioner's husband enabling to come out on jail.

2. Today, Mr.Sankarasubbu, the learned counsel appearing for the petitioner would submit that even though the order has been https://hcservices.ecourts.gov.in/hcservices/

passed on 09.05.2017, the first respondent police has not give any police escort to the petitioner's husband, hence he is not in a position to come out on jail.

3. The learned Government Advocate(Crl. Side) appearing for the respondents would submit that the Superintendent of Central Prison-1, Puzhal passed an order granting 6 days leave to the petitioner's husband and for want of escort he is not able to come out on jail.

4. Considering the facts and circumstances of the case, already the Superintendent of Central Prison-I, Puzhal granted leave to the petitioner's husband for a period of six days, the first respondent police is directed to give police escort to enable the petitioner's husband to come out on leave.

5. In the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rrg To 1.The Commissioner of Police, Chennai City, Veperi, Chennai-600 007.

2.The Superintendent of Prison, Central Prison-1, Puzhal, Chenai-600 066.

3.The Public Prosecutor, High Court, Madras-104.

+1cc to Mr.Pugalenthi, Advocate, S.R.No.37655 W.P.No.12362 of 2017 VGII(CO) RS(19/05/2017) https://hcservices.ecourts.gov.in/hcservices/