Shanthi Thura Pandi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2020

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.NO.7474 OF 2020 Shanthi ... Petitioner

Versus

1.The State of Tamil Nadu Rep. by the Principal Secretary to Government Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai - 600 009.

2.The Additional Director General of Police / IG of Prisons CMDA, Towers II No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons Chennai Range Chennai.

4.The Superintendent of Central Prison Vellore.

...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the third respondent to grant 30 days ordinary leave to the petitioner's husband J.Job Saravanan @ Youb Saravanan, Convict Prison No.3711, lodged at Central Prison, Vellore, in respect of conviction for the offence under Section 138 of N.I. Act made in C.C.No.150 of 2007 on the file of the learned Judicial Magistrate, Gudiyatham.

For Petitioner :

Mr.K.V.Muthu Visakan For Respondents : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Writ Petition is filed by the petitioner seeking a direction to the third respondent to grant 30 days ordinary leave (Parole) to her husband, who is confined in Central Prison, Vellore, as he is suffering from Blood Pressure, Heart problem and diabetes etc.

2. As per the direction given by the Hon'ble Supreme Court, a High Power Committee has been constituted to consider the grant of interim bail and Parole to the prisoners, to avoid congestion in the prisons. Therefore, the petitioner is entitled to approach the High Power Committee for grant of Parole to her husband. The grounds raised by the petitioner in this writ petition, to relax the condition, as such, cannot be entertained at this stage. Therefore, the third respondent Deputy Inspector General of Prisons, Chennai Range, Chennai, to whom the representation dated 10.04.2020 is made, is directed to forward the same to the High Power Committee and the High Power Committee shall take a decision on the same, within a period of two weeks from the date of receipt of such representation.

3. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai - 600 009.

2.The Additional Director General of Police / IG of Prisons CMDA, Towers II No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons Chennai Range Chennai.

4.The Superintendent of Central Prison Vellore.

5.The Public Prosecutor High Court of Madras Madras.

W.P.NO.7474 OF 2020 sai[co] srg 10/07/2020