Madappan v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4523 of 2016 Madappan S/o.Mattukaran @ Poosari .. Petitioner Vs.

1.The State of Tamil Nadu, represented by its Secretary, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent of Central Prison, Central Prison Vellore, Vellore District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to grant one week leave to the petitioner to see his ailing mother Maniammal. For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.C.Emalias Additional Public Prosecutor *****

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondents to grant one week leave to the petitioner to see his ailing mother Maniammal.

2. The learned counsel for the petitioner would submit that the petitioner was convicted for offences u/s.364, 396 and 302 IPC and sentenced to life imprisonment on 17.09.2014. The petitioner is now confined at Central Prison, Vellore (life convict No.2061). The petitioner's mother, aged about 75 years, is seriously ill. Hence, the petitioner has given a representation dated 04.02.2016 to the respondents seeking leave

for one week to see his ailing mother Maniammal. Since the respondent has not taken any action on his representation, the petitioner has filed the present petition seeking a direction to the respondents to grant one week leave to the petitioner.

3. The learned Additional Public Prosecutor, on instructions, would submit that the petitioner has not given any representation to the respondents.

4. In response, the learned counsel for the petitioner would submit that the petitioner is ready to give a fresh representation to the second respondent and the second respondent may be directed to consider the representation and pass appropriate orders within a stipulated time.

5. Considering the fact that the petitioner is languishing in jail from 17.09.2014 and his mother, aged about 75 years is seriously ill as also considering the submission of the learned Additional Public Prosecutor that the respondents have not received any representation from the petitioner, this Court directs the petitioner to give a fresh representation to the second respondent. The second respondent is directed to consider the said representation and pass appropriate orders in accordance with law within a period of one week from the date of receipt of the representation.

This Criminal Original Petition is disposed of with the above direction.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gm To 1.The Secretary, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent of Central Prison, Central Prison Vellore, Vellore District.

3.The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.4523 of 2016 cnr(co) aa09/03/2016