Sagunthala Devi, v. The Superintendent Of Prison,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.3080 of 2015 Sagunthala Devi .. Petitioner Vs.

1.The Superintendent of Prison, Central Prison -II, Puzhal.

2.The Inspector of Police, P-1, Pulianthope Police Station, Chennai.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the first respondent to grant emergency leave for 2 days to the petitioner's son viz., Saranvanan S/o.Adhimoolam, aged about 38 years. For Petitioner : Mr.R.Sankara Subbu for assisted by Mr.M.R.Senthil Kumar For Respondents : Mr.R.Vijayakumar AGP

O R D E R

By consent of the learned counsels on either side, the writ petition is taken up for final disposal.

2.Heard Mr.R.Sankarasubbu, learned Counsel assisted by Mr.M.R.Senthil Kumar, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents.

3. The petitioner is the mother of under trial prisoner, who has now been confined in Central Prison, Puzhal-II. The petitioner seeks for grant of emergency leave for two days for her son on the ground that her elder son namely, Thennarasu @ Sivakumar, the brother of the under trial prisoner passed away on 05.02.2015 and the last rights have to be performed on 06.02.2015 at 12.00 p.m., at https://hcservices.ecourts.gov.in/hcservices/

her residence at No.10, Venkatesapuram, second street, Kannigapuram, Chennai -13.

4. The learned Additional Government Pleader has verified the correctness of the submission made by the Writ Petitioner from the first respondent.

5. In the light of the above facts, there will be a direction to the first respondent to grant emergency leave to the petitioner's son Saravanan S/o.Adhimoolam now confined into the Central Prison, Puzhal - II for a period of two days from 06.02.2015 morning till 07.02.2015 and the prisoner shall report back to the Central Prison Puzhal-II before 5.00 p.m on 07.02.2015. The said under trial prisoner shall be accompanied by necessary escort subject to the rules and the State shall bear the expenses for providing escort. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pbn To 1.The Superintendent of Prison, Central Prison -II, Puzhal.

2.The Inspector of Police, P-1, Pulianthope Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras 1 cc to Mr.M.R. Senthilkumar, Advocate, Sr. 6236 W.P. No.3080 of 2015 kk 5/2 https://hcservices.ecourts.gov.in/hcservices/