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Madras High CourtWP/18236/2025allowed

Rani v. The State Represented By

2025-06-04Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Rani ... Petitioner Vs.

1.The State rep. by Principal Secretary to the Government, Home, Prohibition and Excise Department (Prison-IV), St.George Fort, Chennai - 600 009.

2.The Additional Director General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Kalapattu Central Prison, Pondicherry.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents more especially to the 3rd respondent to grant parole to the petitioner's son namely Pandi @ Sundarapandi, aged about 42 years, on parole for 15 days

i.e. 01.06.2025 to 15.06.2025 to the marriage of the petitioner's grandson and her husband's treatment, by considering the representation of the petitioner dated 07.05.2025.

For Petitioner : Mr.C.Iyyappa Raj For R1 & R2 : Mr.E.Raj Thilak, Additional Public Prosecutor For R3 : Mr.K.S.Mohandoss, Public Prosecutor (Puducherry)

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 07.05.2025.

2. The learned counsel for the petitioner submitted that the petitioner has sought for parole for a period of 15 days for her son/life convict since she requires his presence for her grandson's marriage. The learned counsel further submitted that the life convict has not availed any leave during his 6 years of imprisonment.

3. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 19.05.2025, as well as the report of the Probation Officer dated 19.05.2025. The Probation Officer, upon investigation, has stated in his report that the reason stated by the petitioner in her representation is true and that he has recommended to grant leave to the life convict for attending his sister's son's marriage, however, with escort.

4. By taking into consideration the report of the Probation Officer, recommending to grant leave to the petitioner's son/life convict, we are inclined to grant three days emergency leave to the petitioner's son/life convict 'with escort'.

5. Accordingly, the Writ Petition stands allowed. Consequently there shall be a direction to the respondents herein, to grant 3 days emergency leave "with minimum escort" to the petitioner's son/life convict namely Pandi @ Sundarapandi, aged about 42 years, S/o.Vijayakumar, CT.No.5952, now confined at Kalapattu Central Prison, Puducherry, commencing from

05.00 P.M. of 04.06.2025 to 05.00 P.M. of 07.06.2025. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority on 07.06.2025. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. No costs.

[M.S.R, J.] [V.L.N, J.] 04.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy Today.

To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department (Prison-IV), St.George Fort, Chennai - 600 009.

2.The Additional Director General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Kalapattu Central Prison, Pondicherry.

4.The Superintendent of Prison, Central Prison, Madurai.

5.The Superintendent of Prison, Central Prison, Trichy.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni 04.06.2025