Indhira v. The Superintendent Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Indhira ..Petitioner Vs The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

..Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondent to consider the petitioner's representation dated 30.11.2022 and grant leave to the petitioner's son Jaisy @ Jayaseelan, son of late Elango (Convicted Prisoner No.4761), Life Convict, Central Prison, Puzhal, Chennai, on emergency leave for 25 days.

For Petitioner : Mr.C.Mohan Raj For Respondent : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

Seeking emergency leave for the convict prisoner Jaisy @ Jayaseelan, (C.T.No.4761), son of Late Elango, on the ground that he has to perform the sixteenth day ceremony of his father, who died on 19.11.2022, the petitioner gave a representation dated 30.11.2022 and has thereafter, filed the present writ petition.

2.

Heard Mr.C.Mohan Raj, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents.

3.

The learned Additional Public Prosecutor submitted that earlier, when the convict prisoner's father died, he was granted emergency leave and he returned to the prison. Further, he fairly submitted that the convict prisoner has always been good in the prison, inasmuch as, he used to work in a petrol bunk outside the prison and return to the prison everyday.

4.

Taking into consideration the above facts, we direct the prison authorities to take the convict prisoner Jaisy @ Jayaseelan, (C.T.No.4761), son of Late Elango, with escort in mufti to his house on 04.12.2022 for performing the last rites of his father and bring him to the prison in the same evening.

With the above directions, this writ petition stands disposed of. No costs.

(P.N.P., J.) (TKR., J.) 02.12.2022 Index: Yes/No nsd Note: Issue copy of this order today (02.12.2022). To 1.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

2.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH.J., AND RMT.TEEKAA RAMAN.J., nsd 02.12.2022