S.Rita v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.04.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN W.P.No.8496 of 2022 S.Rita .. Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Home Secretary Fort St. George Chennai-9 2.The Superintendent of Central Prison Puzhal-I Chennai-66 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to grant 16 days parole to the detenue convict prisoner viz., A.Chandrasekar @ Shankar, Convict No.5011, now confined in the Central Prison, Puzhal, Chennai, by considering the petitioner's representation dated 04.04.2022. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the respondents to grant 16 days parole to the convict prisoner viz., A.Chandrasekar @ Shankar, Convict No.5011, who is now confined in the Central Prison, Puzhal, Chennai, his wife Rita has filed the instant writ petition.

2. Heard Mr.R.Sankarasubbu, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents.

3. Mr.Sankarasubbu submitted that the convict prisoner's mother Neela died yesterday i.e., on 03.04.2022 at 04.15 p.m., due to cardiac arrest and sought a direction to the respondents https://hcservices.ecourts.gov.in/hcservices/

to grant 16 days parole to the convict prisoner to perform last rites and ceremonies to his deceased mother. However, Mr.Muniyapparaj contended that the convict prisoner would not be entitled to even emergency leave, as a P.T. warrant is pending against him.

4. Be that as it may, on humanitarian grounds, we direct the 2nd respondent viz., the Superintendent of Central Prison, Puzhal-I, Chennai, to send A.Chandrasekar @ Shankar (Convict No.5011), with adequate escort to his house, for paying last respects to his deceased mother today and bring him back to the prison tonight by 08.00 p.m., without insisting upon payment of cost for escort.

With the above direction, this writ petition stands closed. No costs.

Sd/- Assistant Registrar (CS IX ) /true copy/ Sub Assistant Registrar gya To 1.The Home Secretary to Government Fort St. George Chennai-9 2.The Superintendent of Central Prison Puzhal-I Chennai-66 3.The Public Prosecutor High Court, Madras W.P.No.8496 of 2022 MG(CO) KM(04/04/2022) https://hcservices.ecourts.gov.in/hcservices/