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Madras High CourtWP(MD)/831/2025allowed

Srinithi Iswarya v. State Rep. By

2025-01-22Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.831 of 2025:- Srinithi Iswarya ... Petitioner Vs.

1.State Rep. by the Superintendent of Prisons, 2.State Rep. by the Inspector of Police, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to grant parole for a period of 15 days to the petitioner's grandfather Deivam, S/o.Ponniah now confined in Central Prison, Madurai for the purpose of the marriage function of the petitioner scheduled on 31.01.2025, based on the petitioner's representation dated 06.01.2025.

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For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

W.P.(MD)No.1000 of 2025:- Srinithi Iswarya ... Petitioner Vs.

1.State Rep. by the Superintendent of Prisons, 2.State Rep. by the Inspector of Police, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to grant parole for a period of 15 days to the petitioner's father namely, Manoharan, S/o.Baluchamy for the purpose of the marriage function of the petitioner scheduled on 31.01.2025, based on the petitioner's representation dated 06.01.2025. For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

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COMMON ORDER (Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner's father as well as maternal uncle are undergoing twelve years rigours imprisonment for an offence under NDPS Act in Central Prison, Madurai. The petitioner is to get married on 31.01.2025 at Theni.

3.We therefore direct the first respondent to grant emergency leave for the prisoners from 28.01.2025 to 02.02.2025 with necessary escort. The accompanying police personnel will be in civil dress. 4.The writ petition is allowed on the following conditions:- (a)The convict-prisoners, Deivam, S/o.Ponniah and Manoharan, S/o.Baluchamy now detained at Central Prison, Madurai is granted emergency leave from 28.01.2025 to 02.02.2025 with necessary escort. 3/6

(b) The convict prisoners shall be released from the prison at 07.00 a.m., on 28.01.2025 and they shall return to the prison at 07.00 p.m., on 02.02.2025. (c) The concerned authority is directed to provide necessary escort to the convicts from the Central Prison at the time when they leave the prison and till such time, they return to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convicts.

(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual. No costs.

(G.R.S. J.,) & (R.P. J.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 23.01.2025.

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To:- 1.The Superintendent of Prisons, 2.The Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Chinnamanur Police Station, 5/6

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 22.01.2025 6/6